Hello Annkenn. Welcome to the forum.

Has your sister been formally notified that the trust deed is finished?

Hello Annkenn

Has your sister definitely received her discharge?

Julie

As far as I am aware, she is currently looking for her letter stating that her trust deed finished in Nov 2010, which ran from September 2006 until November 2010 not the normal 3 years, after missing 2 payments, I just feel that any other monies due from misold PPI should be hers and not have to be sent to her trust deed. They have advised that a refund/cheque is being sent to her direct from her mortgage company but that she shouldnt cash it and send it direct to her trust deed people (Traynor & Begbie)

Hi Anne.

Worth waiting to see if any of the experts disagree with me, but to my eyes this is pretty simnple:

If your sister has been discharged the money is hers.

If she has not yet been discharged the money will need to be paid into the trust deed to help repay her creditors.

Did your sister participate in any way in the claims process? Presumably she must have signed consent and instruction forms some time ago for the claims company or solicitor to proceed with the claims?

She just signed consent forms in February this year, I didnt know any of this till this week, but she was of the opinion that they would charge a commission, and were going to get her some money back, she called them yesterday and they have assured her that her trust deed is finalised,however they still say she will not benefit from any of this, I feel had she pursued these companies herself, she would have been quids in

I'd like to hear from one of our experts on this as there seem to be a number of factors involved. Hopefully one of them can help out soon...

I appreciate your help and welcome opinions from the experts. They have told her that this is just something that they do on peoples behalf as an added extra to their service

Hi Annkenn

I like the comment that this is an extra service. Been a long day, but this made me laugh!

It could somehow be that she is discharged, but the Trustee is not. If the Trustee has been discharged, then he has no locus to deal with the PPI.

I think she needs to speak with the Trustee and find out exactly what the position is. There are a number of factors which could change the scenario for pre 2008 cases. She should ask:

1. Have you ben formally discharged. If so, exactly how?
2. Has there been a distribution to creditors.
3. Has the Trustee been discharge. If so, xactly how?

Please keep us posted as I 'd be interested in the response.

Regards

Mark

We will ask the questions today Many Thanks

Hi Annken

No probs. It has a lot to do with how it was set up at the start.

It will be interesting to see the response.

Regards

Mark

We have asked the questions, and await the response, no one available to answer mmmmmmmmmmmmmmm