PPI payment and Tru...
 
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PPI payment and Trust Deed

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(@gleith)
Estimable Member
Joined: 10 years ago
Posts: 138
Topic starter  

I have recently received notice that I have been missold PPI from bank of Scotland. I was discharged from a Trust Deed which I paid in for three years and a lump sum of ยฃ15,000 I paid in July 2015. The Bank is saying the money will go to my TD I have phoned them and they have said this is classes as an asset. My TD has finished. How can this be? The loans for which I paid PPI on were taken out in the nineties and I had forgotten all about them as they were paid off in full. They were never part of my TD. Please help any advice would be grateful.


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

Welcome to the forum Gleith.

I'd suggest having a read of the following article which will explain the background to this situation:

Link Updated 2020: https://www.trust-deed.co.uk/rbs-and-ppi-claims-after-trust-deeds.html

There are also a couple of other threads running in this forum at the moment on the exact same subject which you might find useful to read.

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


   
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(@gsteel27)
Active Member
Joined: 10 years ago
Posts: 13
 

I think it's part of a bank's investigation process into mis sold PPI claims to check Insolvency records, in my letter from BoS it clearly says "my review shows your financial affairs are being managed by an insolvency practitioner or IVA supervisor" I think TDA has mentioned in other threads here that the bank sends these payments directly to a Trustee rather than straight to the customer to avoid having to pay out twice should the Trustee be successful in reopening the TD. I'm not sure why you're refund has been sent to your Trustee if it was for loans paid in full years ago which were nothing to do with your TD. Have you just recently been discharged from your TD? If so, then it's quite possible your Trustee has not yet discharged themselves and I think that means any assets you have may still be considered for your TD, perhaps one of the advisers could clarify this? I wish you the best of luck and hope you get success with this.

A question I do have for the advisers is in my letter the bank states " my review shows your financial affairs ARE BEING MANAGED by an insolvency practitioner or IVA supervisor" how long does a person's name stay on an insolvency record? The bank has WRONGLY stated my financial affairs are being managed when in actual fact they stopped being managed by the IP in 2009 when I was discharged and the Trustee not long after.....almost 7 years ago!


   
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(@gleith)
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Joined: 10 years ago
Posts: 138
Topic starter  

Thank you for your reply. I have written to the company and the Bank and the FOS. I would welcome any advice from any experts or indeed anybody who has experienced this.


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

Hi GSteel27.

They may have kept their own records of insolvencies, and when you signed your details will have been added to the Edinburgh Gazette which is, I'm afraid, still searchable online.

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


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

Hi Gleith.

Not very helpful I'm afraid, but I really have nothing in particular to add to the linked article and the comments on other threads recently on the same topic.

I'm afraid it's irrelevant whether or not this relates to accounts that were included in your trust deed. What's relevant is that the potential to reclaim this money was an asset when you signed your trust deed.

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


   
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(@gleith)
Estimable Member
Joined: 10 years ago
Posts: 138
Topic starter  

I was under the impression that if your trustee was discharged then they were not entitled to any money. Can anyone clarify this p!ease.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
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They have to get reappointed - which means getting the go-ahead from a court.

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


   
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(@gleith)
Estimable Member
Joined: 10 years ago
Posts: 138
Topic starter  

Do they have a chance of doing this or does it depend on the court.


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

We're not aware of any contested cases that would set a precedent yet.

We are aware that trustees have been successful in uncontested cases.

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


   
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