PPI after bankruptcy, court information needed.

[newkid1]

Needing some advice, made bankrupt 2004, discharged 2007.

 

Last year I made a claim for PPI on an old loan that was part of my bankrupty, The bank awarded me £3486. They then sent me a letter confirming the cheque was being sent to the OR.

 

AIB the contacted me to say they were asking the Sheriff Court for reappointment. The court then asked me if I agreed with this or if I had any objections. I objected to have my day in court. I recieved my papers 17th January to say I was to appear 20th January.

 

At the hearing the Sheriif asked if I had seeked any legal advice on this which I replied no, he then said due to the short time I had to prepare due to when papers were served he wouldnt grant the reopening of the bankruptcy as that seemed the logical option due to the amount involved. He did also say if I can give a valid reason as to why it shouldnt he would then side in my favour. Hearing rescheduled for 12th February

 

I then did some research and almost every site says that PPI before bankruptcy does go to the OR.

 

I then stumbled across the Bankruptcy and Debt Advice Bill(Scotland)

 

Ill list the key point as I asked the AIB for certain information after reading it.

 

(4)The Accountant in Bankruptcy may make an appointment or reappointment under subsection (3) only if, in the opinion of the Accountant in Bankruptcy, the value of the newly identified estate

(a) is not less than £1000 (or such other sum as may be prescribed), and

(b) is likely to exceed the costs of

(i)the appointment or reappointment and

(ii)the recovery, management and realisation of the newly identified estate.

(7)(e) the likely distribution under section 51 following an appointment or reappointment under subsection (3)

 

I asked them for

1 Value of assets

2 Anticiapted costs of reopening bankruptcy

3 Amount creditors likely to receive

 

First letter I received from them said that due to my file being destroyed due to length of time they couldnt supply me with this. I contacted them by phone saying that the information I required had no bearing on any old paper work, They asked me why I was needing this information and I mentioned the bill to them, what struck me as strange is they had no knowledge of the bill yet they have been instrumental in development of this.

 

Roll on to Saturday 8th few days before im due back at court and i received another letter with this information

 

1 3486

2 3200

3 286

 

Conveniently it comes in under the asset value but does state thats just the costs of reappointment and solicitors fees. You still have to factor in the distrubution and off course finding out who the creditors are since they destroyed my file.

 

Does this mean I can go into court and say there wont be any money left for my old creditors so reappointment shouldnt have been seeked?

 

I will add that my debts at time of bankruptcy were roughly 17k, the AIB informed me that from sale of house and other money they received 6000 went to my creditors which they said was 0.36 pence to the pound, in other words if ive calcuated correctly they received enough in to pay my creditors but due to there high fees very little was actually paid them and from there calculations the same is about to happen again.

 

Any input anyone can give would be greatly appreciated.

[newkid1]

No one able to assist?