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(@jojo93)
Estimable Member
Joined: 7 years ago
Posts: 121
Topic starter  

spoke to my trustee today they said if mond wins his case then they would look into reopening my trust deed if they did that would they still need to go to court my trust deed ended in 2007 i dont wish to claim ppi i just dont want my nane reappering in roi again


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

Hi jojo93.

I can understand your concern.

The only thing we can really say about this (if it happens at all) is that you'd have the opportunity to object to this happening in Court.

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


   
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(@wildchild)
Estimable Member
Joined: 7 years ago
Posts: 107
 

Hi
So let's say mond wins there is still the process of re opening the court case or will that also. Be a new passed law. Also may I mention some people maybe cannot afford to get legal help and doing it themselves might be very stressful just find it so hard to accept that any court would change a law on something that's been ended. For a long time fair enough for maybe new trust deeds in future


   
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(@jojo93)
Estimable Member
Joined: 7 years ago
Posts: 121
Topic starter  

i am just bit worried my name appearing in roi again and its gets picked up on my credit file will it effect my job with my job i got credit checked and vetted so much uncertainty not fair alright if it was a new trust deed but not an old one its down and dusted if they try to reopen it i will have my say in court


   
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(@wildchild)
Estimable Member
Joined: 7 years ago
Posts: 107
 

Yes I agree shouldn't be alllowed. After comply to rules if it back then.


   
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(@jojo93)
Estimable Member
Joined: 7 years ago
Posts: 121
Topic starter  

It will probably take months at court and if mond wins it could be too late to reopen cases this ppi claims ends on 29 August next year p


   
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(@jojo93)
Estimable Member
Joined: 7 years ago
Posts: 121
Topic starter  

THE PRESCRIPTION ACT SCOTLAND SAYS YOU CANT BE CHASED DEBTS AFTER 6 YEARS THAT SHOULD BE SAME FOR REOPENING TRUST DEED IF MOND WINS HIS CASE TDA HOW DO YOU KNOW IT WOULD NOT BE PICKED UP ON MY CREDIT FILE IF A TRUST DEED IS REOPENED


   
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(@wildchild)
Estimable Member
Joined: 7 years ago
Posts: 107
 

I find it wrong. Creditors agreed to trust deed and full and final settlement at end so why should this upset be allowed


   
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(@jojo93)
Estimable Member
Joined: 7 years ago
Posts: 121
Topic starter  

I am still getting letters from companies saying now your trust deed is finished you can claim ppi where are they getting my details from I am sick of this ppi will I ever be allowed to forgot my trust dred


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

A few thoughts:

It’s not really that the law is being changed. The law is apparently unclear; it’s being created by this legal process.

If a case is reopened it will go on the register of insolvencies - but it will also be clear you were discharged (and when you were discharged).

It doesn’t go on your credit report. You’re not in a trust deed.

I’m afraid I don’t see the relevance of prescription here.

Creditors agreed to income contributions and the benefit of assets. Potential PPI claims were/are an asset. They’d be entitled to question why they should miss out because potential claims were missed or because banks unfairly rejected a claim.

I’ve taken no side on this issue. It’s multi-dimensional and complex.

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


   
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(@jojo93)
Estimable Member
Joined: 7 years ago
Posts: 121
Topic starter  

I agree what you say tea but my trust deed was such a long time ago claiming back ppi was never thought of so why should my trust deed be reopened after all this time brings back a lot of bad memories


   
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(@jojo93)
Estimable Member
Joined: 7 years ago
Posts: 121
Topic starter  

Sorry I meant tda


   
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(@turbobhoy)
Eminent Member
Joined: 9 years ago
Posts: 46
 

It also clearly states on cleardebts website that once discharged all debts are written off so how the hell can he claim the ppi for the trust if the debts are written off also cleardebt are clearly misleading people by what it says on there website


   
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(@jojo93)
Estimable Member
Joined: 7 years ago
Posts: 121
Topic starter  

Tda if it doesn't appear on my credit file will my bank find out thru roi


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

A question of interpretation.

The debts are written off to the extent that creditors can no longer seek or enforce repayment from you.

What’s in question is whether the creditors should benefit from an asset that was present when the trust deed began. A debtor makes such assets available to their creditors, and the creditors accept the trust deed on that basis.

Why should they lose out at no fault of their own?

Would you consider it fair if a mechanism existed for the creditors to benefit from this money without a trust deed being reopened?

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


   
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