Ppi and discharged ...
 
Notifications
Clear all

Ppi and discharged trust deed

25 Posts
7 Users
0 Reactions
13.5 K Views
TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

I personally wouldn't use the word "illegal" sophie though I am somewhat confused by aspects of this.

I don't know what the intention is, but it all seems somewhat speculative in respect of the court case expected to take place later this year.

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


   
ReplyQuote
(@sophie)
Active Member
Joined: 7 years ago
Posts: 17
 

Do you know when the court case will be.


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

I think I heard that it was scheduled for some time in the summer sophie, but I'm afraid I'm not sure.

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


   
ReplyQuote
(@amorphous)
Trusted Member
Joined: 15 years ago
Posts: 96
 

I think its July 4th....but probably 3 or 4 months after that until judgement is made.


   
ReplyQuote
 Bert
(@bert)
Eminent Member
Joined: 10 years ago
Posts: 33
 

I too have received these forms and Iโ€™m not signing anything until Mr Mond shows me the law which states Iโ€™m compelled to sign anything years after I have been legally discharged from my duties, until then he can go and find some other golden goose to squeeze. Pretty sure Iโ€™m not the only one who feels the same?


   
ReplyQuote
(@chmor77)
New Member
Joined: 7 years ago
Posts: 3
 

Hello, a bit of background on my case.
My ex and I have separately claimed missold ppi from RBS, claim has been agreed. My ex is currently in an active TD whilst I was discharged from mine in November 2016. RBS are refusing to pay out my claim as my former trustee (AG Taggart) are claiming they are entitled to a share of the money. Where do I stand with this at this time with CoS ruling still not in. Many thanks for your time


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

Welcome to the forum CHMor77.

Well... if it's RBS they may refuse to pay out to you or your trustee anyway. They've been in the habit of setting-off such claims payments against debts that were previously written off in a trust deed. They can only do this if they've written off more than is owing under the claim. In general this is legally contentious and, as far as we know, remains legally unsettled.

I understand you've been discharged, but has your trustee been discharged? This happens after your discharge and you can check online on the register of insolvencies to see what the status is. If they have not been discharged, and RBS decide to make a payment, I'm afraid the money is almost certainly going to your trustee to help repay your debts.

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


   
ReplyQuote
(@chmor77)
New Member
Joined: 7 years ago
Posts: 3
 

Thank you for your reply, there is no outstanding debt owed to TBS in this case so not in a position to off set. However I paid more than 90% of my overall debt off during my trust deed and was advised by my trustee that they are only looking to take a management fee of around 25/30% of any PPI claim I am successful with. This I am contractually bound to do so have no problem with this. Surely if my truste and I have an agreement in place and have informed RBS of this then there is little need for them to with hold the claim as no money is owed to them. I will however check to see if my trustee is discharged. Thank you once again for your reply


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

Hi again.

If there is no debt to set the claim against, I'm sure RBS will pay out to someone in due course.

Did you have a contract with a claims firm connected to your trustee when they looked into PPI claims on your case?

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


   
ReplyQuote
(@chmor77)
New Member
Joined: 7 years ago
Posts: 3
 

No, I made the enquiries and claim by myself. RBS have told me they are waiting on the CoS ruling before considering ay pay out and who it should go to. So at the moment I wil just have to wait until there is a ruling is my understanding. Thanks you for your clarification


   
ReplyQuote
Page 2 / 2
Share: