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NRAM CCA Claim

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

I cannot zaffer.

We have people that have reported in the forum that they've received PPI pay-outs after trust deeds.

Over time trustees have become more efficient at ensuring all potential PPI claims are investigated, which may be why we're hearing of fewer people with claims that they might potentially make after their discharge.

Over time a number of creditors have emerged that appear to have adopted increasingly resistant positions towards paying out in such circumstances, choosing to set-off any payment against the old debts (which may have been written-off already). This is different to your situation I suppose because NRAM aren't a creditor of your trust deed.

You may have read Neelia updating the forum about her claims with RBS in this respect. If not you can read it at:
http://www.trust-deed.co.uk/forum/topic.asp?TOPIC_ID=2540&whichpage=4

I guess you cannot blame a financial institution for refusing to investigate or pay PPI claims if the legal advice that they have received is that they don't have to. I doubt any of us would pay out our own money if we'd been given that legal advice about our responsibilities?

As none of us are legally trained there's not a lot we can offer you to counter that position I'm afraid.

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 read about someone sending a letter to there creditors, when there
trust deed had ended, asking them to update there files to say the amount they owed was now zero.how then can they ask for more money

zaffer


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

If this relates to PPI zaffer they're not asking for money.

Their position is that they have grounds not to pay out money.

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 dont owe nram any money.

zaffer


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

i found this in a legal firms webpage ,is it wrong

RECLAIMING PPI AFTER A TRUST DEED

Once you complete a Trust Deed successfully and the rest of your unsecured debts are written off, those lenders have no claim on your future earnings or assets. So, if you made a PPI claim after you have completed a Trust Deed, you would be entitled to keep any payout to yourself (minus tax).

That doesn't mean you should wait until your Trust Deed ends before putting in a PPI claim, though. Consider that any payment you did receive could help to lower your unsecured debt and actually complete the Trust Deed successfully.

zaffer


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

We cannot provide legal advice zaffer, so cannot really comment on whether this law firm has got this right or not.

However these comments don't tackle the point made in your NRAM letter and seem to contradict the position that RBS have taken (presumably after taking legal advice).

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


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

Or to look at it another way, maybe different lawyers have taken different views.

That's not unusual and would generally be resolved only by testing them in court.

I guess the question then becomes who has both the resources and a sufficiently strong motivation to take on a bank in court?

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 you cant solve a problem what guide lines do you follow is there a code of conduct for the trust deed fraternity.

zaffer


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

I'm not sure that I understand zaffer.

How would a code of conduct for the trust deed fraternity be relevant to this dispute between you and NRAM regarding PPI?

Sorry if I'm missing something obvious.

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


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

if you had been my trustee ,and i told you about nrams letter what would you have done

zaffer


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

On the one hand I'd have thought that it would be nice to help you to try to recover some money if PPI had been mis-sold to you.

On the other hand I'd have thought it was unfair that you would benefit from money that really should have gone to your creditors had it been tackled (as it probably should have been) during the trust deed.

So... I don't know what I would do.

If you're dissatisfied with your former trustee you can make a complaint to them directly.

If you're unhappy with the way that complaint is dealt with you can then raise the matter with the professional regulatory body of which your former trustee is a member.

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


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

were would i find regulatory body,do they have a web page

zaffer


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

Details should be on paperwork you've had from your trustee.

If you don't have any paperwork I'd suggest just calling and asking them.

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


   
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