Welcome to the trust deed forum puzzled.

I've read your question a couple of times last night and this morning but I'm afraid I'm still a little confused.

Could you confirm whether your question relates to two claims?:
1 - A joint loan.
2 - Another account which is in your partners name only.

Hi TDA,

Thanks for responding to my post.

The loan was in both mine and my partner's name however the claim was carried out by an agency on my partner's behalf who does not have a trust deed.

The cheque was addressed to both myself and my partner though so we're unsure whos money it is.

hope this helps.

thanks

I would say that half of the funds are payable your trustee and half should be able to be retained by your wife. Maybe you should write to your trustee to propose this and ask for the bank details to pay your half to and see what reply you get to that. If they don't reply then they can't really complain about you doing this. Keep records of any letters/emails you send though, just in case you need proof that you did try!

Hi Kevin,

Many thanks for the prompt response, very much appreciated.

I have kept all emails that i have sent as a record. my only concern is that the company who processed the PPI claim quite rightly are expecting their fee. They won't wait forever.

thanks again

So am I reading this right - your trustee had commissioned a firm to claim for PPI but your wife also did the same independently?
If so, I can't see your trustee being too disposed to allowing you to pay off the claims firm from any of your half of the proceeds, so may insist that your wife pays them out of her half.

Sorry for the ambiguity, yes the IP contacted me to process a claim on my behalf which was fair enough.

The financial advisor who dealt with my paperwork contacted us a few days later to advise that my partner was within her rights to process a claim as she had been discharged from bankruptcy.

My partners claim was handled by another firm. The cheque for our joint loan appears to me to have been successfully claimed by the firm acting on behalf of my partner.

Hi puzzled.

I'm not sure it matters which firm actually made the claim that worked out, your trust deed firm simply have a duty to make sure your creditors are treated fairly (in their view).

It seems like your trust deed firm will have some discretion about what happens next and who bears the costs. I'd suggest giving them an easy choice to make by following Kevin's advice and suggesting that each of you bear half of the costs of the PPI claims company.