Hi upnorth76

I've never heard of them(him), however the web site shows them as mortgage advisers! My advise would be to ignore this and pass the information to your trustee to deal with.

Mark

Hi upnorth76

I've never heard of James Cargill Ltd either. I would speak to your Trustee in the first instance. If however your Trustee has instructed them to act, any money recovered will be paid to your Trustee for the benefit of your creditors.

Julie

Hello upnorth76.

I wonder if this is another case of a trust deed provider assuming that if someone purchased PPI they must have been mis-sold it.

PPI may have been mis-sold if, among other reasons, you didn't need it, would not be able to claim on it, or didn't realise that you had bought it.

If no reason for "mis-selling" exists, there should be no claim.

It sounds as though your trust deed provider wants to use the claim to raise extra money to help repay your creditors. A successful claim will result in the proceeds (minus 25%) being added to the "pool" that will be distributed among your creditors.

I receieved a letter from my trustee this morning saying that I will recieve a letter/questionnaire from James Cargill ltd regarding any missold ppi, the letter tells me that it needs to be completed to prevent any hold up in the closure of my trust deed, without going through lots of old paperwork i am pretty sure that we did not take out any payment protection on any of the debts involved in the trust deed, if however once ive been through the paperwork I find anything that had ppi that was from a loans/credit cards that were completed prior to starting the trust deed and I claimed them after colsing my trust deed would I still need to pay over any compensation.

Hi gemgem.

I fear that your trust deed provider has decided to insist on any PPI claims being processed and completed before they close your trust deed.

Are you asking about debts that may have had attached PPI policies that were fully repaid before the trust deed began? If so, I think you'll need to look closely at the questionnaire you receive to see which debts are being referred to there.

If older fully repaid debts were excluded from that questionnaire and you mounted a successful claim after the trust deed was closed the money would be yours to keep.

When the paperwork arrives I will make sure that I read it fully and check through all my old paperwork.
I am happy for the trustee to chase any ppi that coincides with the trust deed and happy for any monies to be paid into the trust deed, although I really dont think we took any out for any of the debts included in the trust deed.
I do think we may have taken ppi for a loan that was paid and completed before we started the trust deed.
I noticed on upnorth76 post they stated that the questionnaire required anything from the last six years, is it my requirement that I or the trustee would have to claim for any that were prior to the trust deed or just the last three years.
I know I should wait and see what the paperwork says and I might find that we did not ever take any ppi but im just wanting to know exactly where I stand so I can deal with this correctly.
It would be nice to know how upnorth76 got on.

Just thinking about it gemgem I cannot really see any reason why this would be restricted to companies that were included in the trust deed. The aim of your trust deed provider must be to help repay money to the creditors in the trust deed, rather than to punish creditors that happen to be in the trust deed but who mis-sold PPI. If that's the case there is no reason to limit the scope to trust deed creditors as far as I can see.

Hopefully there will be no creditors within the relevant timeframe from whom you purchased PPI.

Please remember that having bought PPI does not mean that it was mis-sold to you. A claim relies upon you having been sold a policy without being aware, being told you had to take out a policy to get the credit, or being sold a policy that you could never have claimed upon (for example).

If you willingly bought a policy that you were aware about, happy to pay for, and that did offer you protection, then probably no mis-selling took place. No mis-selling means there is no honest claim to be made.

Do you believe you've been a victim of mis-selling?

I still find it odd that one or two trust deed firms have gone out on a limb to push these PPI claims. I wonder how the affected creditors view Insolvency Practitioners that are taking proactive steps to encourage claims; the same Insolvency Practitioners that require the support of the very same creditors for their clients' trust deeds to become protected.

Thank you TDA, I am going to sort out all the old paperwork I have for anything over the last six years to be on the safe side.
I will see if we purchased any ppi, hopefully we did not and if we did it would make life alot easier if it had not been mis-sold.
I will let you know what the questionnaire says and how I get on.
Thanks for the advice.

Current update,
I have been fighting my way through paperwork over the last 24 hours and although I have not checked a few credit cards yet I have found nothing with current ppi.
I found a few small loans from 1998 but back then we asked for the ppi, the one I thought I might have had ppi for (a more current loan) was actually a extra insurance on my car for which if it was written off in the first 3 years it would be replaced and we asked for this too.
I phoned my TD office and said that I had not had anything from the company they wrote to me about and was 99% sure that we did not even have any ppi, the lady dealing with my TD is on leave till next week so I have to call back then if I still dont get the questionnaire, however the lady on the phone suggested that the questionnaire is to find out if we had any ppi, if we have already claimed and our obligations. Really hoping this is straight forward, weeks away from the end and really want to move forward, to be honest not feeling very patient at the moment. Wondering if nothing comes in the post tomorrow should i call the company myself and ask whats going on with them? Will update when I have the questionnaire to let others know what it does say and my progress.

No harm in chasing up the questionnaire gemgem, the sooner you get it and return it the better.

It looks like it will not inconvenience you, but I wonder why starting such claims is left right to the end of a trust deed. It seems that by design it will hold up discharge for many people and it's nothing that couldn't have been done a long time before.

I agree, if this is something trustees wish to follow up why not include the process at the start when you sign all your TD papers, at least they have three years to sort it out.

Latest update, I spoke to james cargill ltd today and after a conversation explaining that we never took any ppi he is emailing back my trustee to inform them that they should go ahead and continue the completion of the trust deeds for both my husband and I without the need for a questionnaire as he is satisfied from our phone call that we never took any. I will contact my TD assistant on monday to confirm this and hopefully this will set the ball rolling for completion.

Good news gemgem.

Fingers crossed that everything proceeds promptly for you from here.