Am I right in sayin...
 
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Am I right in saying ..

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(@wildchild)
Estimable Member
Joined: 7 years ago
Posts: 107
Topic starter  

So in a nutshell this mond case is todecide who gets poi post trust deed and can go 3 ways
1 .. ppi to former debtor
2. .. off set towards debt to bank
3 .. dividend to all creditors

If it result is 2 or 3 old trust deeds from long ago even will be re opened to distribute funds


   
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(@ramona11)
Eminent Member
Joined: 7 years ago
Posts: 30
 

My understanding is that trustdeeds would only be reopened if the result is 2 and even then that might only happen if a former debtor decided to try and claim ppi. I am not sure that trustdeeds would be reopened to try claim ppi without the consent of the person who was in a trustdeed.

If it was result 3 then I would assume the banks could just keep off set themselves without the trustdeed being reopened.


   
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(@candlewick)
Reputable Member
Joined: 14 years ago
Posts: 309
 

In a nutshell, this Mond case is about defining when an old trust deed ends (newer trust deeds aren't affected).

The outcome will cover PPI post trust deed, for the old trust deeds that are affected.


   
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(@sharon-toal)
Estimable Member
Joined: 7 years ago
Posts: 143
 

I haven't read too much into the appeal but the original Mond action was to conclude whether a creditor has the right to set off the debt when a trust deed has concluded.

Sharon is no longer posting in the forum.


   
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(@wildchild)
Estimable Member
Joined: 7 years ago
Posts: 107
Topic starter  

Ok thanks so this mond case is only for older trust deeds. So if u are letโ€™s say was discharged last year as opposed to 15 years ago the ppi is offset automatically


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

Set-off was being looked into in a different case Wildchild.

It's Donnelly v RBS for that one.

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


   
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(@wildchild)
Estimable Member
Joined: 7 years ago
Posts: 107
Topic starter  

Ok thanks. Get you now. So am taking it trust deeds were changed recently to support this


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

No, there is no difference between older and more recent cases, Wildchild. The case should decide what a former trustee's rights are to recover PPI payouts in respect of all Trust Deeds where both the debtor and trustee have already been discharged.

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


   
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