Hi Tinsoldier, I think you may be right about us using the same claims company, I know we definitely had the same trustee as mine was BDO also. I have heard nothing so far about my recent PPI award that was sent to my ex trustee, having re-read the letter from BoS about my award more thoroughly, I think I understand why...it states (and I quote) "My review shows your financial affairs are being handled by an insolvency practitioner or IVA supervisor. Therefore, as the offered redress payment would be an asset of your arrangement, I have made it directly to them"
They have incorrectly stated my financial affairs ARE being handled by an IP...my financial affairs stopped being handled by an IP almost 6 YEARS ago! "I have made it directly to them" sounds awfully like the payment cheque has been made out to BDO meaning (I think) they are legally entitled to hold onto it or even cash it. I do really want to call them and find out what's happening but after reading about how they've treated you over the phone, I am very reluctant to do so as I fear I'll end up just going nowhere fast. I did however phone the AIB to clarify when I was discharged as I can't find my original discharge letter, they told me the last bit of info showing on their records was a court case in Nov 2009 when BDO tried to apply for my sequestration...the case was thrown out of court...I knew nothing about this until a few days ago! There are no records about me, my trustee or my PTD after Nov 2009 with the AIB.

How are you getting on with your case? Have you had a reply to your email?

Hi Gsteel27

Nope, no answer to my email; doesn't surprise me. The funds they are holding onto are from the Halifax, and my letter from them also stated my affairs were being looked after by a trustee. Not true.

When I queried it with The Halifax, they sent a letter claiming I had been part of Bankruptcy Order. Again, not true.

As far as the cheque being made out to BDO, I'm not sure that is the issue here. The issue is whether those funds are theirs to lay claim to, and without being re-appointed in court they aren't. The funds are no more theirs than the man in the moons as it stands.

Well 10 days on and no answer to my email. No acknowledgement, nothing.

Looks like I'll have to just wait until the court papers come through the letterbox, and contest.

Hi tinsoldier,

Did you email a general email address?

You could try and obtain a direct email address for your Trustee and email him direct.

Also, you could consider a formal complaint in writing and send this recorded delivery.

Hi David

It was sent to a trustee email address.

Think I will try the second option - complaining about no replay, or the holding onto the cheque?

I would ask them for clarification in writing as to how they can justify holding onto the funds. That was your original issue I believe.

Within that letter you could also send a copy of your email and ask why they have failed to respond to a complaint.

Hello All - New to forum -
I was sent a discharge letter in December 2015. I believed my last payment was paid in June 2015. On chasing my discharge letter I was contacted by letter on 1 September 2015 informing me two contribution payments had been missed. Upon my investigation I discovered the initial payment in 2012 had been returned to my new account. The second payment was a mistake of the Trust Deed Admin team. The missing payment was paid.
On entering into my Protected Trust Deed in 2012 I agreed the Trustee could look into any mis sold PPI. Subsequently told I had not been mis sold. Out of nowhere I was contacted by my ex bank (one of two creditors in my case), saying they had made a mistake. (June 2015). They confirmed I had been mis sold PPI in years 2002/3. Letter also informed me they were aware I with a Trust Deed and would have to determine who should be the recipient. I contacted ex Bank in September 2015. I continued to chase Trust Deed in regard to my discharge letter, which I eventually received as above 21/12/15.
Moving forward I received a call from my ex bank today, (27/01/2016) informing me the Trust Deed did have an interest and I should contact them directly. On contact to day I was given the following information. Creditors were contacted on the 28 October 2015. It would appear creditors were satisfied as there was no need for a second follow up letter 14 days later nor a third 7 days later. This I was told was standard practice. However, I was also informed the creditors were still awaiting their contribution of 12.28 in the pound, as they had a backlog. I asked was there no statutory obligation on the part of the trustee to pay the creditors in a timinous manner. I was informed there was no such obligation. At this stage I have no idea as to the amount regarding the PPI. I have read with great interest the other cases. Can I ask TDA David Kevin am I wrong in thinking the law would say that any claim cannot be retrospective, given the Trust Deed is protected during its duration, which creditors seemed to have no objection as to the terms of their letter of 28 October 2015.

Welcome to the forum AML.

I'm afraid that we cannot advise you on the law - you'd need a solicitor for that purpose.

I think the issue is that this asset, the potential to reclaim PPI, existed when your trust deed began.

Your trustee likely believes that they have an obligation to realise these funds for your creditors. Your creditors will likely believe that it would be unfair if these funds didn't come to them.

It sounds like your trustee hasn't yet been discharged, in which case they're almost certainly going to use this PPI payment to pay back more of what is/was owed to your creditors.

Even if they were discharged, they'd have the option of asking a court to reappoint them for the same purpose.

Still no reply from BDO. Have now contacted a national newspaper to highlight the holding onto of funds, which I believe to be illegal.

Nothing ventured and all that.

I must say, tinsoldier, I admire your tenacity!

Cheers Kevin!

It may well be a lost cause but someone has to challenge this practice of basically holding onto funds which haven't been awarded to them.

Hopefully the ongoing saga will come to an end soon.

Hi tinsoldier.

There's certainly something to your argument.

However I (with no legal training) have been trying to think of a comparable scenario to get a sense for whether anything illegal has occurred.

Let's say a postman tells you they've accidentally posted a letter into your neighbour's letterbox. You've fallen out with that neighbour, and they're refusing to allow you onto their property to collect the letter or to deliver it around to you.

Are they doing something illegal? I don't know for sure, but it feels like a civil dispute where you'd need to take legal action to force them to hand it over. They didn't choose to receive the letter, they've not stolen the contents, they're just doing nothing at all.

It doesn't feel like they've done anything illegal. They're just not doing what you'd want them to.

I think the onus might be on you to force a trustee to hand over a PPI payment if they haven't yet been reappointed by a court.

I don't think they've likely done anything illegal.

Well, they can try replying to emails for a start.

What if I pop round to BDO's offices, and ask them to hand it over and reimburse my travel costs?

Absurd? Probably. But apt.

Hello everyone.

I think I may be able to shed some light on your situation tinsoldier, am I right your PPI cheque being held by BDO is from BoS? As you know, BDO was also my trustee and I had also found out that my PPI refund from BoS was sent to BDO so I called the bank to find out if the cheque had been cashed, they told me they couldn't find any evidence of it being cashed, then came the interesting bit, they were also able to tell me the cheque had been made out to BDO but also had my name on it too, I'm guessing this was just a reference point so BDO would know what it was regarding. It would explain possibly why BDO are holding onto your cheque and why they think they have a legal right to do so. I am not saying this is definitely what's happened in your case and I hope it hasn't but it's what definitely happened to me. I, like Kevin admire your tenacity here and wish you the very best of luck for a positive outcome.

I can reveal I (reluctantly) phoned my ex trustee to find out their plans for my PPI refund and am pleased to say that the company has no interest in it and they telephoned the bank to confirm they had no interest and the cheque could be reissued directly to me. However, they did make themselves very clear had the amount been anything over £5000, then they would've been seeking to reopen my TD.

Hi GSteel27

At least you got to speak to your ex-trustee. The chap I spoke to basically gloated down the 'phone to me like it was a formality they would be re-appointed by the court.

As I understand it, no trustees have been opposed in their quests to get trust deeds re-opened. There seems to be a case coming up where a note to the court has been submitted by a claims company.

Here's a question - if there is a debate in court and it is deemed trust deeds CANNOT be re-opened, are funds recovered for those who have lost out on PPI?