Hello
Hope you can help here. I made the last payment to my trust deed in October 2013, received my discharge and informed it had been recorded on the register in December 2013.
Since these dates I have made a claim for PPI redress which was upheld and I was due a sum just under ยฃ300. I received a letter yesterday telling me that a cheque had been sent to my trustee, despite me telling the credit card company involved that my deed was now finished. I phoned them and asked why the cheque had been sent to my trustee and was told that by law,as my deed was in the last 6 years, they had to. They also told me that as my deed was complete; my trustee should forward the money on to me.
I have today written to them asking them to send me this money. Can I expect to receive the money? Am I due the money? Will they try and say they should keep the money? Or would they be correct in keeping the money?
monkeygg
Hi monkeygg
There have been a few posts similar to this on the forum. The key thing is that the Trustee is also discharged, if not then any payment would go to them as they remaian as Trustee.
Do you know if the Trustee has been discharged?
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Hi monkeygg and welcome to the forum.
If both you and your Trustee have been discharged then the PPI redress should be paid to you.
Give your Trustee a call and ask them if they have received the funds. It might be the case that the credit card company has made the cheque payable to your Trustee and as a result the Trustee wouldn't be able to send this cheque to you for you to cash. A new cheque would need to be issued by the credit card company payable to you.
Let us know how you get on.
David is not currently posting in the Trust-Deed.co.uk forum
Hi Mark,
Thanks for replying so quickly.
I do not know if the Trustee is also discharged. Should they have told me this? How can I find this out?
Last communication I got from them was in early January, telling me that they had received confirmation that my discharge had been "recorded in the Register of Insolvencies on 24 December 2013"
For what reason(s), and for how long could they remain Trustee?
My trustee had tried to claim for PPI over a year ago and had been unsuccessful, yet I managed to get my claim upheld within 6-8 weeks. I would be disappointed if they got the money.
I had my deed for 4 years and part of my contribution would have been fees to my trustee, they tried for almost a year and got nothing, yet I got my claim upheld in no time at all, without trying that hard. What were they getting paid for, would be my question to them.
monkeygg
Hi David,
Thanks for replying, see my reply to Mark.
I will contact them and let you know how I get on.
monkeygg
Hi monkeygg
If you check the Register of Insolvencies, it will show your discharge, but it will also show if the Trustee has been discharged.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Thanks again Mark,
Only came across this site today, wish I had done sooner. Would have helped me out no end with a few queries/problems I had during my trust deed. Anyway, not to worry, my deed is now finished.
Just checked the Register of Insolvencies and it states.."Date of trustee's discharge - 12/03/2014"
I received word of my PPI claim being upheld in a letter from my credit card company dated 19/03/2014, I take it that means I should get the money my trustee has been sent.
monkeygg
It would seem like it monkeygg.
There are cases however where certain creditors are keeping the PPI funds if they have written off money in a trust deed. That seems unlikely here though if they were prepared to send the money to your former trustee.
Thanks to all for your help today.
I will let you know how I get on.
monkeygg
Ho monkeygg
Please keep us posted. If the payment is received after your Trustee's discharge then it certainly appears as though you are entitled to the funds, although as TDA says, there may be a chance they will offset this.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Sounds like quite a close call, monkeygg. Fingers crossed, but sounds like it might be a brucey bonus for you that it took them 6 weeks and not 4 to agree your claim!
Just to let you know.....
After a couple of phone calls and a bit of chasing Barclaycard, I finally received my cheque last week. Not a huge amount but better in my pocket than theirs.
Thanks for all the feedback
monkeygg
Should the Trustee not have made a claim for the PPI whilst the TD was still in force - I thought that was what part of their fees accounted for. Also surely you could get in a lot of bother for making a claim now and not whilst you are in the TD if the debt was included in the TD?
My trustee did claim and after almost a year, nothing. I claimed and after 6 weeks, I had my claim upheld.
Don't know why that was. I was discharged from my deed by the time I won, so the money is mine.
monkeygg
Interesting well done!