Hi Kylewi,

No - any PPI claimed during a Trust Deed belongs to your trustee to distribute to your creditors.

The Mond case is about PPi that is only discovered after a trust Deed has been completed.

I’ve been discharged for two years and think I have a ppi claim that I’ve never made due to fear of my trust deed being reopened to pay any ppi award to them.

So, my question is - is it safe to go ahead and make a ppi check/claim without fear of any issues?

Hi Timelord.

Has your trustee been discharged?

Who will you be claiming from?

Hi,
Just joined here and have a question.
I understand this is a trust deed forum but was hoping someone can help.

I have received a letter saying due to the recent judgement in the Scottish courts that Sequestrations can not be recalled or re-opened after the Debtor and Trustee have been discharged I am able to claim PPI now.

I was discharged 10 years ago, so can I claim PPI?
Thanks.
Alex.

Welcome to the forum Alexm.

We haven’t been following this as closely and make no claim to being experts on the subject.

This article from a couple of months ago about a recent case is really interesting. My reading of it is that a decision might turn on the facts of a case, rather than there having been a blanket change:

https://www.morton-fraser.com/knowledge-hub/claims-personal-insolvency

One of the experts here who handle sequestration cases may be able to advise further in due course.

Given that your sequestration was 10 years ago, it appears this could be a relevant factor according to my reading.

quote:

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Originally posted by TDA (Debt Adviser)
[br]Hi Timelord.

Has your trustee been discharged?

Who will you be claiming from?

---

Hi TDA

Yep they’ve been discharged for 2 years too - hopefully RBS and an affiliated credit card

quote:

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Originally posted by TDA (Debt Adviser)
[br]Given that your sequestration was 10 years ago, it appears this could be a relevant factor according to my reading.

---

Hi,
Thank you for your prompt reply.
Sorry but I am a bit confused reading the link you kindly provided.
Does that mean I should be fine to go ahead and claim PPI?
Thank you again.
Alex.

Hi TimeLord.

I can't see how you'd be at risk of a trust deed being opened again.

As you'll see on other threads, we don't know if this ruling will change the RBS practice of setting off PPI claims against debt that was written off by a trust deed.

Hi Alexm.

You're fine to submit PPI claims.

We can't tell you how a former trustee would react if they discovered you were due a large sum.

We also can't tell you how a court would rule if this became legally contested.

The link explains some of the factors that might be important in this scenario, but it doesn't really provide you with any certainty.

Apologies that I cannot give you a black or white answer.

quote:

---

Originally posted by TDA (Debt Adviser)
[br]Hi Alexm.

You're fine to submit PPI claims.

We can't tell you how a former trustee would react if they discovered you were due a large sum.

We also can't tell you how a court would rule if this became legally contested.

The link explains some of the factors that might be important in this scenario, but it doesn't really provide you with any certainty.

Apologies that I cannot give you a black or white answer.

---

Hi,
Thank you for your reply, appreciate it.
Regards,
Alex.