i got a letter from bank of Scotland saying they miscalculated a PPI refund I received and they would be sending me a cheque for £138.
I was discharged last year as was my trustee.
I cant see them going through the hassle of a re appointment for £138 but you never know.....
Hi bsmith1986,
I think for the first time Kevin and I might disagree here... I would just spend and enjoy it if you get the cheque from the bank! I can't see your Trustee wanting these funds if they have been discharged. The cost of reopening your Trust Deed will surely outweigh any benefit or return to creditors which should be the main thing.
David is not currently posting in the Trust-Deed.co.uk forum
I may have broken the forum.... hahahaha
Ha - Probably the one and only time it will happen.
I just can't see the Trustee applying to court for the funds if they are discharged. The application cost alone along with time it would take would swallow up the £138 with no funds for the creditors.
Usually it's belts and braces as Mark would say but in this instance I think you should enjoy the funds bsmith1986. A nice meal and night out this weekend as a treat.
Let us know if your Trustee does attempt to recover the funds.
David is not currently posting in the Trust-Deed.co.uk forum
the cheque came to me and was duly spent. also I no longer appear on the register of insolvencies so a good weekend all round.
On a more serious note, is it just because it was a PPI issue that a trust deed can be re-opened or can they be re-open one for other cash windfalls? I was under the impression that once you were discharged that was it?
Vickie Smith
Hi Lisa,
Generally speaking, that is it.
This issue relates to assets that "should" have been realised during the trust deed period of time (prior to discharge).
I guess an extreme example might be someone who hides an asset from their trustee then is found out later - why should they get to keep it and their creditors lose out?
PPI is obviously on a very different and much more innocent level.
However, anything to which you became entitled after your discharge will be yours to keep.