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NRAM CCA Claim

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(@zaffer)
Eminent Member
Joined: 12 years ago
Posts: 21
 

yes my trustee was discharged as.and dividends paid out. nram were not one of my creditors in the trust deed .when i sent them a letter about ppi they were not very helpful.

zaffer


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

You may have a chance of making your claim in that case zaffer, though you'll need to persuade them that you and your trustee have been discharged.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@zaffer)
Eminent Member
Joined: 12 years ago
Posts: 21
 

i have the two discharge letters .

zaffer


   
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(@zaffer)
Eminent Member
Joined: 12 years ago
Posts: 21
 

This is the letter I received from nram.

Thank you for your recent contact with NRAM, I am sorry to learn of your dissatisfaction with us.

I note from our records that you have been declared bankrupt. Following the provision of the insolvency Act 1986, The Insolvency service takes the view that if PPI policy was mis-sold before the date of the individual's bankruptcy, any claim relating to the alleged mis-selling of the policy is owned by the official receiver or trustee of the bankruptcy estate, not the individual to whom the policy was sold. Discharge from bankruptcy does not alter this position.

In addition Discharge does not operate to transfer unrealized assets, including PPI miss-selling claims, back to the individual.

If a (former) bankrupt considers that a PPI policy was mis-sold they should not attempt to pursue a mis-selling claim without reference to the official receiver or trustee.

If a claim has already been made, the official receiver or trustee should be informed of the claim and the person against whom the claim is being made should be informed of the bankruptcy

In the light of the above we are unable to investigate your complaint without the permission if the official receiver or trustee.

zaffer


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
Posts: 13594
 

Will your trustee give that permission zaffer?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@zaffer)
Eminent Member
Joined: 12 years ago
Posts: 21
 

i don't have a trustee anymore i made the ppi claim after it ended .

zaffer


   
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(@zaffer)
Eminent Member
Joined: 12 years ago
Posts: 21
 

and i was not bankrupt.i was on a trust deed that i paid in full
as well as keeping up my mortgage payments with nram

zaffer


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

I was referring to your former trustee zaffer.

Bankruptcy and protected trust deeds are both types of personal insolvency. NRAM appear to have taken the position that the effect of both would be the same in these circumstances.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@zaffer)
Eminent Member
Joined: 12 years ago
Posts: 21
 

are they not the same,what should i do next

zaffer


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

We make no claim to have any expertise on the subject of PPI claims zaffer. It's a very different area to debt advice and personal insolvency. I therefore suggest you don't rely entirely on any thoughts or opinions that are offered to you about PPI claims here.

You could perhaps ask your former trustee to give permission to NRAM to investigate your claim. They may be prepared to. They may not be.

You could also ask the Financial Ombudsman to look into the matter if you think your complaint has not been properly resolved by NRAM.

Neither of these options guarantee that a payment will come your way however. The NRAM letter seems to indicate that their viewpoint is that any liability to you transferred to your trustee when you signed the trust deed and did not transfer back to you when you were discharged.

We cannot offer a view on whether that position is legally supportable. Challenging it legally to find out might be a hugely expensive exercise with no guarantee of success.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@zaffer)
Eminent Member
Joined: 12 years ago
Posts: 21
 

is it true that only unsecured depts can be part of a trust deed
my nram stuff is a secured loan and mortgage.

zaffer


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Yes - but any asset that you owned when you signed the trust deed potentially "vested" in your trustee.

That includes PPI claims, and not just PPI claims that happen to be connected to your unsecured creditors at the time.

NRAM appear to be saying (in the letter that you quoted) that this asset (the potential to reclaim PPI) was not automatically returned to you upon your discharge.

I'm not making any comment on the rights or wrongs of that position.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@zaffer)
Eminent Member
Joined: 12 years ago
Posts: 21
 

when my ex trustee keeps the money,nram wont get it back
As they were not one of my creditors.
Before my trust deed I was not sure if ppi.was mis
Sold and as they have not investigated it they don't know either

zaffer


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

If you ex trustee has been discharged I'm not sure they will (or can) pursue the claim at all zaffer.

Whether they believe it to be fair that you could benefit from doing so you'll have to find out from them.

Your uncertainty as to whether PPI payments might have been due back to you at the time you signed the trust deed doesn't seem to be relevant. It's the potential that it might be reclaimable that vested in your trustee as I understand it.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@zaffer)
Eminent Member
Joined: 12 years ago
Posts: 21
 

can you recall any one on this forum in a similar situation.

zaffer


   
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