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Scottish Trust Deed Forum
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Topic starter
09/12/2018 8:00 pm
Hi there, looking for some help,
I am being sued by a ppi company ,
whilst in a trust deed 2011-2014 ,i signed up for a company (bank smart) to look for ppi, they manged to get £14,000 from tsb , which was paid by tsb straight to my TD ,they did not payt Bank smart their due commision and now i am being chased for this,
1) am I liable as I was in a TD?, (bank smart were advised of the TD,but were not one of the creditiors)
2)should TSB have paid it to TD or me?and should they have paid commision (25%)
3) what was my ability to enter into a contract with bank smart whilst in TD?
many thanks for any help
10/12/2018 9:06 am
Hi allastairs.
This is a legal matter, so if you want legal advice to help to defend yourself in court you should consult with a solicitor or a law centre.
Some very general pointers from a non-legal perspective:
If you appointed a claims firm after your trust deed began then any liability to that claims firm will not fall into your trust deed.
TSB effectively did pay the money to you. It went to a trustee that you had voluntarily appointed to deal with your creditors. TSB have no relationship with the claims firm you appointed so there's no reason why they would pay their fees.
Being in a trust deed doesn't restrict you from entering a contract like this. It affects your ability to meet the terms of such a contract I guess, but that's different.
One big question here is whether a professional claims firm should have known that these funds were likely to be paid to your trustee, and have advised you of this accordingly before taking you on as a client.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
12/12/2018 2:29 pm
Hi allastairs
I would concur with all of Trust Deed Assistant's points - especially the suggestion that you might be best to seek advice from a qualified legal specialist.
You said you are being sued - have they actually raised a court action against you, or are they just threatening to do so at the moment?
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
Topic starter
12/12/2018 9:30 pm
Hi Kevin,
We are actually at court, this has being going on for a year now
, I suspect they were trying to get in before being time barred
