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Compensation

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(@tinsoldier)
Honorable Member
Joined: 14 years ago
Posts: 634
Topic starter  

Hi folks

I received an unexpected letter yesterday telling me I may be eligible for compensation from an old credit card protection policy I had years ago.

Now this would be nice, but the cards were all with companies included in my trust deed of 2008-2011. I was discharged in September 2011.

Would this compensation, if any, need to go to creditors even though I am over 2 years discharged?

Thanks


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi tinsoldier

I assume your trustee is discharged if you were discharged 2 years ago. If so, then the money would come to you, unless they decide to offset it against the debt.

If your Trustee has not been dischaged, then the money would go to him for the benefit of creditors.

Mark

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


   
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(@tinsoldier)
Honorable Member
Joined: 14 years ago
Posts: 634
Topic starter  

The trustee is discharged.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Then, well done that man.

The Trustee can have no claim on this and as they have made the offer to you, it looks as though it's more favourable for you receiving the funds than it being offset against the debt.

I hope it works out.

Mark

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


   
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(@tinsoldier)
Honorable Member
Joined: 14 years ago
Posts: 634
Topic starter  

To explain a wee bit more Mark, this policy was with a company which basically protected all my cards for a monthly payment. It wasn't anyone I actually had a debt with ( I don't think).


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi tinsoldier

On that basis, I suspect you would be entitled to the funds and at least the Trustee can't calim these.

Mark

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


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

Hi tinsoldier.

Is it this mob?

(Link removed 2020).

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


   
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(@tinsoldier)
Honorable Member
Joined: 14 years ago
Posts: 634
Topic starter  

Hi TDA

Yep that's them.


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

Thought so!

Could you let us know how you get on?

I'm struggling to see how set-off could apply in this instance after a trust deed.

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


   
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(@sparky1)
Reputable Member
Joined: 12 years ago
Posts: 277
 

I just don't agree that the rules are fair when it comes to discharge.

You have met your obligations, you have been discharged, the money should be yours....im not saying that's the way it is - its the way it should be.


   
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(@firewalker)
Reputable Member
Joined: 13 years ago
Posts: 440
 

Hi. I received the same notification and advised to wait until they contact me again.

I am recently discharged.
I do not know if my trustee is discharged yet. I have nothing further after the form 5.
I had no PPI on my credit cards/loan.
I cannot remember how I got onto CPP. It also covered lost keys etc.
Not sure if it was for stolen identity. I do not think so.
I also cannot remember how long I had it for - around 4-5 years perhaps.
At ยฃ30 per annum plus 8% interest per annum, it would be lucky if it reached ยฃ200 and while it would be better in my pocket than theirs, I would have no way of proving or stating how it was 'sold' to me. I may even have seen it and thought it was a good idea (although unlikely).

I am waiting to see what information was asked in the next letter.


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

Which rules sparky1?

The rules about a trustee remaining in office so that they can deal with an outstanding issue while still discharging their client?

The interpretation of the law being used by some creditors to hold onto cash as set-off against debts that no longer exist?

Or the fact that someone might have to pay over a windfall once their contributory period has ended but they're yet to be discharged?

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


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

Hi Firewalker.

If it duplicated cover that the card already gave you I guess most reasonable people would assume that it must have been mis-sold?

From what I've read about this I'm not sure that you're going to have to provide too much in the way of explanation.

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


   
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(@sparky1)
Reputable Member
Joined: 12 years ago
Posts: 277
 

Ok just say I won the lottery tonight (which is unlikely) but I got discharged yesterday! My trustee is still in office and they found out I'm a millionaire by reading it in the sun and seeing the picture of me standing there with the big cheque - do they still have the right to pursue me for the money?


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

Don't think so!

Have you got something to tell us?

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


   
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