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Topic starter
25/10/2016 8:29 pm
Hi
Looking for some advice please.
My husband was discharged from his Trust Deed in October 2015, and the Trustee was discharged in January 2016.
Prior to taking out his trust deed, about 10 years before, he had a mortgage and a personal loan with the Clydesdale bank both we think had PPI, both completed with no problems.
The Clydesdale Bank were not one of his creditors under the trust deed, but we did move our current account to them when the Trust Deed started so I think they are aware it existed.
My question is, if he now made a claim re mis-sold PPI, would the trustee have any claim on any money that may be due to him?
Would the Clydesdale bank try to pay the money direct to the Trustee?
If this was the case, I think he wouldn't bother but I'm hoping that as they weren't one of his creditors under the deed that he would get to keep anything due.
Many thanks
25/10/2016 9:07 pm
As it stands just now with your trustee discharged your husband should receive the funds (if any).
26/10/2016 9:03 am
Hi Dixie76.
As tinsoldier has said, the chances are very much in favour of any PPI payment going direct to your husband. If the bank was aware of the trust deed they might just seek the permission of the trustee first to pay it to you directly, but it doesn't sound as though the trustee would have any claim on the funds.
The slight uncertainty relates to a pending legal appeal on whether a trustee can re-open a trust deed to collect in an old PPI payment. There's more about this in the link below. I wouldn't let that put your husband off submitting a claim though.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
26/10/2016 11:10 pm
Thanks for your responses, think we'll definitely look into it.
Nothing to lose really
