PPI CLAIMS AFTER TR...
 
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PPI CLAIMS AFTER TRUST DEED COMPLETION

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(@wikikee)
Estimable Member
Joined: 15 years ago
Posts: 172
Topic starter  

I have no PPI however have received a random letter from a claims management company which to be honest after what I've learned on here is simply false, misleading and untrue. They say that now I am discharged from my TD - how do they even know this - how do they even know who I am - that they can claim on my behalf on a no win no fee basis and any monies can be paid directly to me as I am no longer in my TD. Now even though I know there are no claims to pursue, whether or not I still had the TD, how could the money possibly be paid to me if the cards loans etc were included in the TD?! I think they are trying to catch people who might have got through a TD without making any claims and falsely leading them into thinking that they can claim the money back, the claims management company would then get the fee but I know obviously any monies paid would be paid to the Trustee. I'm tempted to chuck the letter in the bin, but I'm a bit peeved that they've got my details in the first place and then proceeded to write to me with a pile of nonsense!!!


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

Hi WIKIKEE.

Looks like they've been scanning the register of insolvencies.

The bin seems like the best place for the letter.

Feel free to name the claims firm here so other people can watch out for it.

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


   
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(@wikikee)
Estimable Member
Joined: 15 years ago
Posts: 172
Topic starter  

Oh I know I should bin it but are people that desperate for business that they trawl the Register....the letter came from Tyler Morgan Claims Limited


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

There we have it. Tyler Morgan Claims Ltd appear to be using the register of insolvencies to target people promoting their PPI claims services. If they aren't they can contact us and I'll retract it and apologise.

I'm not sure many people would think these public records are an appropriate way to draw up a marketing list.

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


   
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(@voice-reason)
Estimable Member
Joined: 13 years ago
Posts: 106
 

As a point of fact however, despite some companies off-setting awards against liabilities written off by way of a Trust Deed a large number do not. I know of a number of people have had success claiming PPI from liabilities post Trust Deed.

I know this doesn't apply to you WIKIWEE but for anyone else I would point out there is no requirement to use a claims management company as it is a fairly simple process to claim yourself and may well be worth the effort.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Fair enough, Voice of Reason - a good point. However, it's worth saying that the crucial factor is whether the trustee is yet discharged, not the debtor. If the trustee is still in post to gather in PPI then anyone trying to reclaim is likely to be just wasting their time.

Even worse, if they instruct a claims company then they could be left with a large bill to pay...

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@voice-reason)
Estimable Member
Joined: 13 years ago
Posts: 106
 

Naturally Kevin. That's why I specified post Trust Deed whilst also advising not to use a claims management company.


   
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 lj68
(@lj68)
New Member
Joined: 12 years ago
Posts: 1
 

I was in a trust deed and discharged nearly two years ago. I claimed ppi from my old bank and received a letter to say I was due over ยฃ4,000. I signed the acceptance etc and sent it off. I have now received a letter which was in bank jargon, so I contacted the number on the letter and they have said that all monies have now gone to the account I had with them and that I will not receive anything. I thought once I had adhered to my trust deed for three years and subsequent discharge that they could not offset the money against old accounts. Please help. They said that I've signed the form accepting and 'tough', that they have every right to take the money and put it towards the balance.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

@Voice of Reason - I realise you did say that, but I figured it was worth clarifying that post-TD doesn't just mean the person's own discharge, rather than risk anyone falling into that trap.

Lj68, I am aware that some creditors are doing this - RBS in particular. Whether they have a sound legal basis for doing so is yet to be tested in court and in the meantime they will presumably carry on doing so.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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David Tannock
(@david-tannock)
Famed Member
Joined: 12 years ago
Posts: 2581
 

I suspect it's going to take someone with deep pockets or a strong case to challenge the RBS regarding the payment of PPI and offsetting this against old debt. Time will tell.

David is not currently posting in the Trust-Deed.co.uk forum


   
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(@ronzk1)
New Member
Joined: 12 years ago
Posts: 3
 

I was awarded almost ยฃ9000 from RBS for various PPI claims. They have paid me only ยฃ5000 and say they are keeping the rest to satisfy old debts. Given that I entered a trust deed in 2005 and was discharged in 2008, are they entitled to do this?


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Does the PPI relate to those older debts, ronzk1, or was it taken out against new debts taken after the trust deed?

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@ronzk1)
New Member
Joined: 12 years ago
Posts: 3
 

Hi Kevin, the PPI relates to old debts before I went into the trust deed. I would have thought that after 5 years they wouldn't be able to keep it off me. Also I would point out that whilst I had to enter a trust deed because I could not repay my agreements with RBS, the fact that I got into financial trouble to start with could have been partly due to the bank making me pay PPI premiums that I did not need, want or ask for.


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

Hi ronzk1.

We can't say what RBS are and aren't entitled to do. What they are choosing to do is set PPI claim money off against old debts that were included in trust deeds. You'd assume that they've taken legal advice on this before taking this view.

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


   
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(@ronzk1)
New Member
Joined: 12 years ago
Posts: 3
 

Ok. Thanks to everyone with your feedback and advice.


   
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