Hi Lorryjo1983.

If you're discharged you can make claims and keep any payouts.

Be aware however that some of those creditors who have had to write money off as a result of your trust deed might be very unwilling to post a cheque to you for a payout. In some circumstances they could potentially be being asked to be paying back money that they didn't in fact collect.

As such, proving your claim is no guarantee of getting the money. This is dangerous if you use a claims management company as they may "win" the claim but if there is no payout they'll still likely want a fee from you for their services.

Hi my trust deed ended May 2010 and I thought Id go about claiming my PPI via a 3rd party. Earlier this year i received a letter from one of my creditors saying they would refund me £446, great.....or so I thought, i then received a bill from the company dealing with my claims for a charge of £160, I would wail until i receive my money for the claim i had....weeks later still no cheque so i called the bank to be told they had transferred the money to my account that still had an outstanding debt, I explained that the bank had 'agreed' with my finance advisor at the time the trust deed started to accept a certain amount of the dividends and surely the account should be closed and satisfactory since now my trust deed was finished, im still waiting for a response from the bank and the ppi claim company are still going to be wanting paid. At the time of registering with the ppi claim company at no point did they ask or point anything out about if i was in or had been in a trust deed, the case would be the money won would not come to me and that i would still be liable to pay them, they are claiming back 5 creditors on my behalf and I feel im going to be upto £1000 in debt to the ppi claim company now

Welcome to the trust deed forum lisalou. I'm sorry that you've had to wait a little while for an answer to your question.

For a long time we've suggested to people on this forum that if they're in a trust deed, or they have completed a trust deed, that they avoid using commercial claims operators for PPI claims on accounts that were included in the trust deed.

I don't know the strict legal position, but if I ran a bank and had written off some money on an account, I'd go out of my way not to then make a PPI payout on the same account (or at least to make it extremely difficult). On certain types of PPI policies it's possible you could even be trying to claim back for PPI that hadn't been paid for (single premium policies added to a loan at the start).

It looks like that has happened here in terms of the position that the bank is taking. That leaves you in the tough position of having to go after them for the money, which may or may not be successful, and may well involve a substantial financial outlay on legal fees which you might never get back.

The claims company are likely to be wanting payment as they have done as they were asked in terms of "winning" the claim as the bank have admitted liability for mis-selling the PPI.

You could seek legal advice on this, but it could cost you money to do so. That's one for you to weigh up.

Maybe the best course of action is to challenge the PPI claims company. I can understand why a bank would work hard not to pay you (if they had written money off in a trust deed) but I don't think it's reasonable for a claims company not to at least run through a questionnaire with you at the start that could have prevented this issue from arising in the first place.

Really I think they had a duty of care to do this. You may wish to make this point to them if they decide to insist on being paid for their work, work which was never likely to be of benefit to you and which I'd argue they should have avoided doing in the first place if they'd made a few more checks.