Hi there, I know this probably be posted a 1000 times but I've not been on the forum for a while. I got discharged from my TD on 4/10/11. Since then I've constantly been asked to re-claim any midsole ppi. I never thought I would get any due to being in a TD. I eventually thought I would try & claim. To my surprise I had a successful claim to the tune of ยฃ3000. Then it tells me my IP will be sent the money. For one I was with Tenon which I've been told has been sold & two I had the loan 10 years ago & was cleared off years before the TD. The PPI was claimed through a company called Hall & Hanley. I have sent them through a copy of my discharge certificate. Could someone clarify if I will get the money or not ? It would make a big difference to our lives at this time of year.
Hi p boy kk.
There's a risk associated with using a PPI claims company after your discharge. Some creditors may seek to offset the money against old debts if you owed them money that formed part of your trust deed. In such circumstances the claims company might still consider that they "won" on your behalf if the seller admitted liability. They may therefore present an invoice without there being a payout made to you directly.
Hopefully this will not happen to you, but for that reason we suggest that people make claims on their own if this is their intention after a trust deed (rather than using claims companies).
I'd have thought that the situation regarding Tenon will become much clearer soon. Less may have changed than people might assume.
It's a bit difficult to say whether you'll get the money because, as I mentioned before, some companies are seeing a chance to offset against old debts.
Hi TDA, thanks for the reply. Yes, I've got an invoice there from the company looking for their payment. This will not be paid if I don't receive any money. It states on it that the invoice is payable once your money is received or credited to your account. Well if it isn't put into my account I won't pay it. All Hall & Hanley asked was are you currently having or in any IVA's or DAS. Which I replied no. I feel this May be another mid-sold saga. I think you've just got to realise you don't get nothing for nothing.
That's where it can get complex p boy kk.
How about if it's credited to an account that was included in your trust deed? Would the invoice be payable?
Hopefully this doesn't happen and you get a payment.
Hi TDA, how long can you IP remain in office after discharge ? I checked the AIB website tonight & there is no date next to the part that says Trustee discharge. Does this mean they still remain in office ? Which means I have no chance of getting 1 penny. The annoying part is that the loan was cleared off in 2005, my trust deed started in Feb 2009 & was discharged in Oct 2011. I could just about swallow not getting the 3k but if I've to pay this company for not receiving money I think I possibly could get jailed, only joking.
Hi all, just an update on this strange situation. I got a letter in this morning from Northern Rock regarding NRAM. Another successful claim but no mention of sending the money to my IP. They just want the name of the person to send the cheque to & of courscHall & Hanley have sent their invoice as well. I kind of wish I hadn't started this PPI claim. I feel it's going to cost me money instead of getting me money. I think some of these companies that hound you to claim back PPI are as bad as THE ONES WHO mis-sold us it in the first place. I've still to hear back from a few companies as well & the way things are going they all seem to be paying out. Total nightmare & I never thought I would have said that.
It might all end very well p boy kk.
We do advise anyone that's wanting to claim PPI after a trust deed (if their trustee isn't already doing it) to do it themselves to avoid these kinds of worries and potential problems.
I understand from a creditors point of view that any successful ppi claims after a trust deed has ended they would want to offset the money. Could this be legally challenged? or has it ever been successfully challenged to your knowledge? After all the creditor accepted their dividend at the end of the trust deed as a final settlement!
Hi all, I think the argument is that none of the ppi I have claimed was part of my TD. It all happened years before. I feel it should all be treated seperatly & let's face it, the excuse that it's for the benefit of your creditors is nonesence. The TD companies will see more of the money. I'll update when I get more info, it's became a hassle I don't need.
I've no strong views on this, but there is a pretty strong counter argument.
The PPI sales misconduct took place before the trust deed was signed. Therefore at the time of signing the trust deed this potential PPI was an asset of yours, whether or not you knew it at the time. Your assets vested in your trustee when you signed the trust deed, meaning that your voluntary instruction of the trustee obligated them to recover this money for your creditors when it became apparent that they could (and their regulators told them that they should).
It's not an excuse that it's for the benefit of the creditors. The trustee has no choice but to look into it. If you think that's wrong you'd need to point the finger at their regulatory bodies I'd have thought.
Hi all, I think the lack of clarity on PPI after TD is a big issue. If it was ruled that if you've been in TD you can't reclaim PPI I think we could just accept it. The TD has a serious effect on your life for 3-6 years but it certainly gives you your life back. At the time I felt horrible doing it but looking back it was the best thing I could have done. It taught me a lot. I feel a bit of blame could be directed at all the companies bombarding us to reclaim PPI. I couldn't count the amount of texts & phone calls I got. Eventually I gave in. I honestly didn't think I'd get offered a penny. Also I would think the first thing PPI reclaim companies should do is a background check on each individual. Anyway I'm just ranting now.