after a trust deed
 
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after a trust deed

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(@alexg2912)
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Joined: 11 years ago
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Topic starter  

I was discharged from a trust deed more than three years ago but recently a PPI Company contacted one of my creditors who upheld the complaint and offered me a settlement as the ppi was payed prior to the Trust Deed I have now been informed that my Trustee will get this any one know where I stand

amgoodfellow


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 16 years ago
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Hi alexg2912

I assume if you were discharged 3 years ago, then your trustee will also have been discharged. If this is the case, then any PPI money would go to you. If your trustee is still in place then the payment would go to them.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@alexg2912)
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Im not sure if they have been discharged Ive had no contact with them they have actually changed their name and location from Addie Solutions Aberdeen to Credit Clear Derbyshire

amgoodfellow


   
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(@alexg2912)
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Sorry Mark why would the Trustee still be in place?

amgoodfellow


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
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Hi alexg2912.

I think it might be CreditFix rather than Credit Clear.

A trustee will sometimes remain "in office" to deal with matters that they can carry on with after discharging you. This is commonly done now so that a trustee can make PPI claims to increase the amount available to creditors once the contributions have been completed.

Please be aware that some financial institutions have taken the view that they can retain a PPI payment to set-off against an old debt that was included in a trust deed.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@alexg2912)
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Sorry it was Clear Debt it wasn't the trustee that made the claim and the PPI was for premiums paid prior to the Trust Deed I am just totally confused I was not aware of the Trustee and the letter I received from the company involved clearly states that I would receive the compensation in full and final payment

amgoodfellow


   
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Kevin Mapstone
(@kevin-mapstone)
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Joined: 16 years ago
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You should check the Register of Insolvencies to see if your trustee has been discharged, alex. As Mark says, if they haven't then they will get this money in order to share it between your creditors.

It is precisely because it was from a period prior to the Trust Deed that they can keep this if they are still in office - the PPI was basically an asset that existed at the time you entered the Trust Deed and by signing the Trust Deed you made this asset available to them.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@alexg2912)
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i checked the register of insolvencies and can find no record of my trust deed nor my trustee

amgoodfellow


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
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Hi alexg2912.

You're right about Cleardebt - apologies I'm not sure why I mixed that up with the other firm I mentioned previously.

Not being on the register of insolvencies seems like a pretty good sign. It seems unlikely that a trustee would remain not discharged so long after you have been.

A year after a trustee is discharged a case would no longer show up on the register.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@alexg2912)
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Thank you for that I had never even heard of this firm the firm I had my trust deed with still exists and still practices in Aberdeen and they are not on the record of insolvencies

amgoodfellow


   
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(@alexg2912)
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The Firm was Adie Financial Solutions

amgoodfellow


   
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(@alexg2912)
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Just been informed Adie went into Administration and Cleardebt took over and were discharged but that did not include assets at time of trust deed Northern Rock have advised Cleardebt that PPI Will be sent to them is this proper procedeure

amgoodfellow


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
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Hi there.

If Northern Rock are aware that this trustee has been discharged from your case I don't know why they'd send a PPI payment there.

They may be being risk averse. If they paid it to you, and then it turned out that it should have been paid to your trustee, they could be on the hook to have to pay it out again.

If it's sent to your trustee and they have no claim on the funds I'd expect that they should forward it to you.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@alexg2912)
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Joined: 11 years ago
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what should be my next course of action I am at a loss I have had nothing from we fight any claim ?

amgoodfellow


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
Posts: 13594
 

Hi alexg2912.

We've no real expertise in the world of claims management, it's a very different subject to personal insolvency or debt advice.

I can only really advise you to keep badgering the claims manager you used and/or Northern Rock.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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