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Originally posted by littlemo
[br]Hi there Candlestick....i hope your hazy memory is getting better and you remember to just google what you need to know...yes im in agreement about the idea of having trustees reinstated, but remember that PPI claims can be very easily investigated by a trustee, and its quite condesceding to make comments like you have about folk all of a sudden remembering to make a claim for PPI after a trust deed...cheap!!!...my opinion only but if you want to get attention just offer some like Pascal12!

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"straight forward advice rather than stirring up people who are in this present situation".

How do you define that?

Telling someone to "do this, do that" is very straightforward. It may not always be good advice.

As for things that are hazy - you appear to have some difficulty getting my name right.

You have made several posts which question trustees' actions - and that's a very sanitised description. It's a bit surprising that you react so strongly to questioning by/of others.

I feel as if we've met before - when I was still candlewick, but you weren't littlemo?

I think you're being unfair littlemo.

Of course most people would not "all of a sudden remember to make a PPI claim after a trust deed", but things like this do happen. As with everything else, a minority of people are more than happy to cheat the system for their own benefit.

How do I know this? We hear from people on this forum from time to time who quite brazenly are looking to game the system to their own ends. It's not every day, but there's been a small but constant flow over the years.

So I think everyone here (including Candlewick and myself) feels in some way uncomfortable about the concept of trust deeds being re-opened, but to me your black and white view on the conduct of trustees simply doesn't stand up to scrutiny.

That's just my opinion though and you're welcome to yours. People will disagree about things here from time to time - but all of us agreed to treat each other with respect when we signed up to join the forum. That applies whether we agree or disagree on a subject.

Hi candlewick

I've checked back and I think PPI was becoming an issue around 2011. We began dealing with PPI early 2012, however there were several rounds of legal advice etc before we started, so I'm fairly confident it was in full swing with a number of firms 2011.

Mark

The site first added an article on this topic on November 21st 2011.

This article talks about a relatively small number of trust deed providers requiring their clients to cooperate on PPI claims.

I guess the regulatory expectation much have come into place some time after that.

Certainly not wishing to come accross as disrespectfull TDA so apologies if i have. I am concerned that hard working members of this industry could be affected by these latest developements as i feel people may become more reluctant to seek trust deed relief knowing that it could go on for a lot longer than the agreed term, this benefits no one, as debtors could feel a better option is straightforward bankrupcy or other debt relief options,...its very important i feel that trust deeds are there for anyone who meets the criteria for one and can only hope that these situations of reinstating a trust deed are going to be rare, but i do fear that more and more trustee firms may go down this route for short term results but with a long term effect on theirs and others business's...

Hi littlemo.

If I'm honest your post to Candlewick did read a little disrespectfully to me - thank you for your apology.

I think we're going to have to accept that we disagree here.

You've mentioned a number of times about trust deeds running a lot longer than expected if they're re-opened. I've explained that only the trustee is reappointed and that the ex-debtor isn't back in a trust deed in any sense.

You're suggesting that people might choose bankruptcy instead. I've explained that trustees for a bankruptcy have for some time been able to get reappointed to collect assets (that could/should have been collected before)in the exact same way that it appears trustees for protected trust deeds might be able to now.

It's funny, but the article I linked to below (in response to Mark) was talking about a minority of trust deed providers requiring their clients to cooperate in making PPI claims back in November 2011. At that time (as you'll note if you read the article) this all felt quite unusual and in some ways a little uncomfortable.

A handful of years later it has become entirely normal and expected. Things do tend to move on and change at some pace. This concept of a trustee getting reappointed might be becoming one of these things now - something that in a couple of years time doesn't seem strange at all.

Just to clarify I certainly wasn't trying to hide this PPI claim from anyone, I genuinely had no idea PPI claims would have anything to do with my Trust Deed. I was never at any point asked about PPI by my practitioner so it didn't even cross my mind. I'm naturally very disappointed as the money would have been life changing for me but on reflection as long as I am not adversely affected by it then I would prefer to just put it down to experience. My Trust Deed saved me from a horrible situation where I couldn't afford to live and has enabled me to move onto a better life. I do aso feel though it isn't right that after fees etc my creditors should get such a small proportion of both the money paid into the trust deed and from this cheque.

Hi Pascal12.

I don't think that there has been any suggestion at all that this has happened in connection to your case.

Looking at the timings - I'm not sure that all insolvency practitioners were even looking into PPI at the time you were discharged (May 2012).

Even though I'm sure the money would have been very welcome I think that it's good that you've been able to put a positive interpretation onto these events.

Thank you for sharing your story as well - you've been at the forefront of bringing to light a significant development in the world of trust deeds in Scotland.

Thank you trust deed assistant and to mark and Kevin for your words of support and invaluable advice. Wish things had worked out differently but what's for you won't go by you as my grandmother used to say.

Hi Pascal12

No problem, always glad to help. Sorry it didn't work out as hoped.

As TDA says, it certainly clears up the re appointment thing, although I still cannot see any grounds for this being accepted by a Sheriff.

Mark

I would personally phone the police and get a crime reference number even if they do not act. Such as a crime of fraud has now been committed.

I just find this to be so very unfair to Pascal12.

I understand that a Trustee has to investigate and pay monies to the debtors but to have actually completed a TD, have your Trustee discharged, then find out you can receive money for PPI, but you're not getting it because your Trustee made an error, then re-appoint themselves must be so stressful!

Reading this thread I can see both points of view but for me, personally, the Trustee failed to carry out appropriate checks then it is on their head. The person in the TD should not be penalised for their error.

But then again, nothing is ever black and white is it!

I guess a question is whether you're truly being penalised if you lose something that you had, even inadvertently, promised to pay over.

Definitely two sides to this though, I can see why people would be very frustrated by it.

Not sure if thread still alive but my Dad was in a trust deed and discharged 2011. He received a PPI offer after a phone call from the bank to say he had PPI that may have been mis-sold. Acceptance returned but bank stated as he has been in a trust deed they will be sending the cheque to the trustee. They have now said they will re-open the trust deed and there's nothing he can do about it. He is now ill on a crap pension, struggling and this would allow him to live without worry. Very grateful for this thread and the info as he intends to fight this but firstly am having him instruct the bank to send the cheque to him as the trustee no longer has authority to hold that money, and until a court grants that authority again they cannot keep it. Worst case, if they did succeed, would it be an option to ask the AIB to audit the case to ensure the fees charged are not excessive (for profit), proof creditors were paid and that all remaining money comes to my dad? Thanks in advance.

I'm not sure you can instruct the bank to send the cheque to you. I tried that and was told they were taking advice from the former trustee. I think the bank do this to save having to pay out twice.

Who told him the trust deed was being reopened and he could do nothing about it?!