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Topic starter
08/08/2019 7:59 pm
Hi Forum,
I recently contacted Trust-Deed.co.uk via email for advice however they directed me to the forum so here i am.
Basically some years ago i was in the process of claiming back PPI on my own using template letters from a well know money advice site, during the process we had to enter into a PTD and as suck the 13k we were awarded through the PPI was entered into the TD for the creditors benefit.
We are now out of the TD and been discharged for many years life back on track re-morgaged onto a better deal as i was stuck in a old Northern Rock mortgage and due to the TD could never get away from it, any way finances are back on tract and have been fine for over 6 years i reckon.
Recently i have been receiving letter saying the PPI dead line is running out, we know you were in a TD and if you had PPI you may be able to claim it back due to a new court ruling and in particular the Mond case.
Now my understanding of th Mond case was for folk who had been discharged from a TD and then been awarded PPI, however trustees and creditors were trying to retain or open the TD back up to recover the PPI, the ruling stated that PPI awarded after a discharged TD was the owners to keep.
My query is as my PPI was in the process before the TD and indeed paid into the TD during the term of the TD, am i entitled to the PPI back??
Regards, and thanks James
08/08/2019 9:43 pm
Hi James
I think you have summed it up very well - I'm afraid your understanding is correct.
The Mond case was to do with a trustee seeking to gather in funds despite having already been discharged. If the PPI was reclaimed and gathered in during the Trust Deed process then you wouldn't be able to get it back.
Sounds like a bit of a fishing expedition on behalf of the claims firm.
Glad to hear that you have moved on successfully from your previous debt issue - I'm sure many others on this forum will be encouraged by your experience too.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
Topic starter
09/08/2019 7:32 am
Hi Kevin,
Thanks for your response, yeah I thought that was the case of the mind ruling, and indeed as you say a phishing expedition by this new claims company.
As such I never had any expectation to receive anything and to be honest wary of going back to that time of my life, my credit is excellent as I mentioned, remortgage some years ago and I have financed 3 new cars over the years since being discharged.
An embarrassing time of my life I must admit to have had to resort to a TD in the first place however a beneficial one, and we are thriving once again.
Thanks james.
09/08/2019 10:15 am
Hi james and welcome,
As Kevin said if the PPI was received by the Trustee and then paid out to the creditors then there isn’t much you can do unfortunately.
You could have one final look into PPI before the deadline just to double check there isn’t anything that wasn’t recovered by the Trustee.
I know that in older cases when we looked into PPI our claims company advised there wasn’t any PPI and then when we revisited the case found that there actually was. I’m sure some of the reason Trustees were looking into re-opening cases was that they were initially told there was no PPI and proceeded to close a case and then it came to light that actually there was.
I hope I don’t give you false hope but you never know. For the sake of an hour sending away PPI requests it could be worth it. You’ve come this far looking into it might be worth a final shot.
Glad to hear life has worked out for you after the Trust Deed and back on track financially.
David is not currently posting in the Trust-Deed.co.uk forum
Topic starter
09/08/2019 9:48 pm
Hi david.
The only thing I can think we may have had ppi was our first mortgage with northern rock, it would have been set up in 2005. However they are no longer trading so it could be difficult.
Topic starter
09/08/2019 10:05 pm
Just checked mortgage was started sept 2005, and I told them to cancel PPI march 2006. Not much to try claim back.
Regards.
