Ooops its been a long week. Discharge was Nov 2014, form 5 received then..... Thanks goodness its Friday!![:p]

Welcome to the forum RDN152.

So the trustee was discharged in November also?

Hi there TDA sorry was not clear trustee not discharged yet, they are still awaiting response from one ppi investigation. It sounded like they were only pursuing anything attached to the loan and the two cards which made up my entire debt. Or do they go through all past agreements.? Am confused.#128561;

They're entitled to go through everything RDN152.

What they are doing obviously I don't know.

Once the trustee is discharged you could look into other claims. Some banks might refuse to pay you. We're also hearing that at least one trustee is looking to re-open trust deeds to "capture" funds they were entitled to gather in before that discharge happened.

Thanks for that. Will be interesting to see what happens. It is frustrating this always seems to be left til the end of the trust deed agreement. I know I'm debt free now but it seems like it not really over yet especially if the trustee may be able to resurrect their claim after their discharge. Will this be ruled on in the near future??

I'm afraid I don't know.

I'm curious, were you not asked about other debts which were fully repaid before your trust deed began as part of the PPI process?

As far as I can recall it was only previous unmarried name and addresses were taken and details of the current bank, cards loans etc at the start o the TD. I was only asked to sign a mandate type thing giving permission for the company pursuing the ppi to go ahead.

I think if you view any future PPI claims as a bonus you could really consider the whole trust deed process to be complete and finished?

After all, any such old PPI policy claims did become available to the creditors/trustee when you signed in the first place. If they later come to you then great, if they don't you've lost nothing.

Thanks TDA, I should just be glad not to be in Debt any longer...but s'pose we all hope for a wee windfall...#128514;

Hi TDA further to your earlier advice to RDN152 surely it would be illegal for a trustee to try to open up an already discharged trust deed,and further the trustee is responsible for ensuring ppi is looked into for the benefit of creditors, it would clearly be their perogative that this hasnt been pursued,as if it was the case that trustees could just simply reopen an old case then when would this agreement end, we could easily be extending trust deeds for years to ingather more money,this is the sort of rumour nonsense that stigmatises this industry and makes people very wary of trust deed companies,there are many good insolvency practitioners out there who must yet again be sighing at this nonsence and greedy approach by those not best representing this industry.

It seems that some trustees are going to court in order to be able to gather these funds - so presumably if a sheriff agrees that they can then it is by definition not illegal. Certainly one person who posted on here had received court papers, though I don't think we have heard from them as to any outcome yet - it will certainly be interesting to hear.

In terms of trustees just reopening cases for years to gather in more money, I think it is important to make the distinction that these PPI funds were in existence at the time of the Trust Deed in question - they are not new assets post-discharge. That is the argument that the Trustees are making here, ie the funds were an asset at the time that have only now been able to be collected. It is an argument that has been made successfully in Sequestration cases many times in relation to PPI.

It remains to be seen whether this will translate to Trust Deeds too, but what isn't in doubt is that a Trustee couldn't claim any right over any new assets that have only come a person's way after they have been discharged but that weren't there previously.

Thank you for your reply Kevin and taking the time to explain this.
What i would say to this is very different to your own reply, when a trustee is chosen by a debtor to handle their trust deed, then that trustee has accepted a responsibility to pursue any avenue to the benefit of the creditors, the trustee and or their firm is very well paid during this period now 4 years i believe, and have ample time to pursue PPI etc, if the trustee has any concerns that there may be outstanding monies due in the form of PPI then they shouldnt discharge the debtor in the first place, PPI claims can be investigated quite swiftly nowadays, a trustee should have explored their potential during the term of the trust deed as the trustee has all the debtors information and creditors details, to sum up trustees and their firms are very well paid to look after trust deeds during their 4 year agreement, and if they fail to realise their debtors PPI potential then it is clearly the trustee who has failed in their ability to run this trust deed with many years to sort it out, so why should a debtor be faced with more years of uncertainty through no fault of their own other than to choose a trustee who cant administer a trust deed properly!
if anything it should be the trustee who is investigated for not carrying out the job they where well paid to do in the first place, and not tbe debtor who has paid large fees out during their term only to find the trustee hasnt fulfilled their agreement!

Hi littlemo.

On this occasion I'm not sure that I agree with you. I'll explain why.

The key point for me was when Kevin previously explained (on another thread) that the trust deed would be re-opened for the trustee only. The previous debtor, who has previously been discharged, remains discharged at all times. The only effect on them is not getting the PPI money.

A second key point is, as Kevin has explained in this thread, that this only applies to assets that were due to the trust deed. It doesn't apply to assets that might come your way later after you've been discharged.

You've looked at this from the point of view of the trustee and their previous client. I'm looking at this from the perspective of another important party - the creditors. Why should they lose out if a trustee didn't properly complete their work first time around?

More importantly, why should creditors lose out if a previous debtor has hidden assets? It doesn't happen often - but we know it happens sometimes. We've had people on here talking about not mentioning holiday homes owned overseas. We've had people on here trying to work out whether they have to tell their trustee about possible PPI claims from the past that don't relate to the creditor list that their trustee already has (older debts that have been fully repaid) which they hope to claim on themselves later.

For me it can't be fair that the creditors lose out in the above circumstances. Equally, it can't be fair that the previous debtor benefits from their dishonesty or lack of transparency.

So... the more I learn about this and the more that I think about it, it actually seems fair enough. Not that it's necessarily going to happen though.

I'm think littlemo is maybe referring to the delays in pursuing PPI as opposed to the rights of the Trustee/Creditors to the funds following the discharge.

PPI has been kicking about for 3 or 4 years, so I'm not sure there is any real justification for hanging on until the end of a case to start to pursue this when this could have been dealt with a couple of years earlier.

Mark