Hi BobMac,

If your Trustee has been discharged then I can't see them having a claim over the PPI funds. Recent court case has confirmed that once a Trustee is discharged and makes a final distribution to creditors they cannot seek the funds or reopen a Trust Deed.

I would ask them in writing why the feel they are justified in asking for funds when they closed off your case and accepted that there was no PPI.

Invocas was the company my trustee worked for and in the same office(using some of the same staff) was company called TurnDebtAround who had a contract with Invocas to make claims for PPI from Invocas clients. They got a final denial from Barclays about a PPI claim last April 2015 and as far as TDA were concerned that was it. However when they heard about my new claim in June 2016( being in the same office as Invocas) they seem to feel they can pressure me into paying them for work they have not done. Barclays have confirmed that if I had not made a new claim they would not have paid me any refund because up until my new claim the case was closed.As far as Invovas are concerned the matter is closed and my discharge is complete and yjey want nothing to do with this refund and have told both myself and Barclays this.

Hi BobMac.

I suspect from what you've written this isn't really about your trust deed at all.

It would seem that a separate company was handling the PPI claim, and that they believe that they have a contractual right to receive a percentage of the proceeds of that claim.

My first move would be to ask for a copy of the agreement made between you and them. You'll then be better able to assess whether this money may or may not be due to them (in a contractual sense).

I note with concern that you are a TDA advisor who the company I have disagreement with which worries me

TDA is short for Trust Deed Advisor, BobMac - this site has nothing to do with TurnDebtAround.

Looks like it's claims management firm that want their cut for making what is ultimately a successful claim.

I agree tinsoldier - appointed during the trust deed it seems.

BobMac - as Kevin has already stated, there's no connection between me/us and the claims firm you've mentioned. Just a coincidence of initials.

TDA have stated that Barclays denied their claim for PPI refund in March 2015 and on this basis no further action was taken by them, the matter considered closed.
My new claim was made in June 2016 3 months after my trustee discharged themselves and then told me that they had no interest in any PPI claims I might make. The contract was between Invocas and TDA so as far as I am concerned when the trustee discharged himself he ended all contact with me.TDAs claim is against Invocas not me.

If you have in writing that the matter was closed, and then made your own fresh claim (did you use a third party for that?) then that perhaps puts a different slant on things.

Do you have any correspondence stating TDA considered the matter closed?

Hi BobMac,

I think this is probably as simple as whether you have a contract with TurnDebtAround or not, and if there is a contract between you whether you've agreed to pay in these circumstances.

I'd just be asking them for a copy of whatever agreement they believe I've entered into that entitles them to a cut of the claim proceeds.

They'll either have something or they won't.

I'd agree - I wouldn't have thought that they have the right to look for payment from you unless they entered into a contract with you. Sounds like their claim was unsuccessful anyway and it was you that secured this payout, if I'm reading this correctly.

I have asked TurnDebtAround for a copy of any contract they may have with me but they have completely ignored my request.
I have been advised by the CAB that I may have a cause to sue TDA for negligence in their application for PPI refund as it appears from the paperwork I have that their claim was very shoddy and lacked any information that a bank would need to look at before agreeing a refund hence they declined the claim and TDA did no more work on it.

That's very interesting BobMac.

I guess if they'd got everything perfect and won the claim you wouldn't stand to benefit now though?

TDA is right - you might want to be thankful TurnDebtAround didn't get everything spot on as the funds would have been swallowed up by your trustee who was still in office back in 2015!

Anyway it seems to have worked out for you here.