Notifications
Clear all
Scottish Trust Deed Forum
4
Posts
3
Users
0
Reactions
2,441
Views
Topic starter
28/08/2017 2:35 pm
Hi Forum
Our Trust Deed was disharged in March this year. We have now had a letter from a Secured Loan lender to say we qualify for a substantial loyalty bonus but that they need to contact our IVA Supervisor to ask who the money should be paid to.
Our question is, could the Supervisor still take the money even after all the Ceditors have agreed settlement payments and closed the account, especially when the bonus is from a secured loan company that was not part of the Trust Deed for that reason, it was secured ?
Any advice would be welcomed
28/08/2017 4:21 pm
Hi Eviek
I can't guarantee that your former trustee will see it the same way, but I reckon you should be OK.
If you have been discharged then any new windfalls should be yours to keep - that's the whole point of being discharged. It is only assets that you had a right to prior to your discharge which may be captured by your former trustee for the benefit of creditors. This is how trustees may be able to gather in PPI funds, but it doesn't sound like this is something you qualified for prior to discharge so shouldn't fall into that category.
If your trustee does seek to retain these funds then I think you'd have every right to query it and if necessary seek legal advice as to potentially challenging it formally.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
Topic starter
28/08/2017 7:02 pm
Thank you Kevin, we felt that ourselves but good to have an expert view
30/08/2017 12:23 pm
Hi Eviek,
I agree with Kevin that as the bonus matured after you were discharged then I can’t see your former Trustee asking for the funds.
Please let us know how you get on and if you do receive the funds without any issues.
David is not currently posting in the Trust-Deed.co.uk forum
