Hi Hoopy

For £9,000. You should be on their backs 24/7!

Mark

David/Mark/TD Expert.
I phoned CT Capital at teatime with the contact number for the PPI Address Team but i think it was the cleaner i got speaking to.He advised me they had no further information for me and to phone back in the middle of next week.He put me on hold for a couple of minutes and came back and said they would be chasing it up again first thing in the morning.The exact same thing they told me last week.He advised me things worked differently when it came to IVAs in Scotland.I told him all they had to do was to contact the ROI and that would give them the answer they were looking for he said he wasn't sure how his company went about finding these things out.I asked him if he had any idea when the money would be paid to us his first answer was how long is a piece of string which shocked me he then said hopefully before Xmas before finally saying hopefully before the end of November.I told him i would be phoning again tomorrow and will be wanting to talk to the correct person dealing with my case as the 28 days were now almost done the mr nice guy hat is coming off now.It seems clear to me now that they are being untruthful and trying there hardest to avoid paying out and it's got to be something to do with the T.D i was in to see if they can find a way of wriggling there way out of paying up. PS I applied last week for a Capital One credit card and was accepted and received my credit card today so that also proves that my trust deed days are behind me. I have learned by my mistakes and will never ever put myself in a position like that again. It only has a limit of £500 which suits me perfectly and will give me a wee chance to try and better my credit history. I will update yous tomorrow when i get an acceptable answer from CT Capital.
Regards Hoopy

Hi Hoopy.

It doesn't sound like a very useful call!

Hopefully you'll get through to someone a little more informed tomorrow.

Hi David,Mark and TDE.
I got in touch with the lady from CT Capital today 14th Nov who is actually dealing with the PPI money that was offered to us regarding the loan with Paragon.It isn't CT Capital that are making things difficult it is actually my former T.D Company.As I'm a new member of your excellent site I'm unsure of all the rules and if I'm allowed to mention them by name so i will just call them my T.D Company. She advised me that they are checking the legal side of things regarding myself and she's been onto them everyday this week so she can bring it to a close but she's not getting much luck with them.In the meantime she advised me that they would treat it as a 50/50 situation and would pay my wife £4949.63 her share of the PPI money next week.The other half of the money could not be paid out until she had clarification from my ex T.D Company.
I immediately phoned my ex T.D Company but the lady who is dealing with it was on her lunch ( probably treating herself with my money lol ) and with stuff to do with the kids i didn't have the chance to phone back.
David,Mark TDE can you think of anything that they could come with as i thought once i was discharged and my trustee was discharged that i had completed my obligations.
The facts are
1) We took out the Secured Paragon loan on 11/04/2006
2) My Trust Deed became Protected on the 14/06/2008
3) I was discharged from my Protected Trust Deed 12/06/2012
4) My Trustee was discharged on the 09/07/2012
5) The Paragon loan was paid in full 29/04/2013
6) PPI offered regarding Paragon Loan October 2014

Could it be that my Trustee Discharged himself rather hastily and is trying his best to rectify his error with not looking into PPIs who knows as i don't. I think i need a Philadelphia Lawyer. Any advice or thoughts would be most welcome.

Regards Hoopy

Hi Hoopy.

I don't think there's realistically any way your trustee can be reappointed to deal with this. They no longer have any relationship with you or your creditors, no authority to act on this development that I can see.

I think it will all work out in time. Remember that the company making the payout is bound to be extra careful. If they paid it in error to you while your trustee was still in place, and you immediately blew the lot on a fortnight somewhere fabulous, they might end up having to pay it out again. I think they're just ticking the boxes to make sure they're not exposed to that happening.

Enjoy the £5000 next week!

Hi TDE thank you again for your quick response.Although i think your advice is brilliant and most welcome you probably don't get paid enough money to be still be working in the early hours of the morning so on behalf of myself and the forum members and readers i thank you . I was going to take a back seat for now as you are probably going to get bombarded with questions and opinions with the Creditfix situation but i realise you are here for everyone .ALSO GOOD LUCK TO ALL THE PEOPLE IN THAT SITUATION I PRAY EVERYTHING WORKS OUT FOR YOUS. TDE your post about 1am this morning regarding the Creditfix situation was excellent and reminds us all that there is vulnerable people out there. Regarding my own situation i totally understand were you are coming from and the first half of the PPI money will come nicely timed for xmas.
1) Quick question TDE do you think my ex Trustee discharged himself far to early or is that a common situation but going with a lot of people on here they seem to get Discharged but there Trustee remains in office.
Regards Hoopy.

Hi Hoopy.

With hindsight, maybe your trustee could have raised a lot more for your creditors.

If they genuinely believed that their work was done however then discharging themselves would be the right course of action at the time.

Hi TDE,Mark,David.Sorry i haven't been in touch lately i had to undergo a transplant in relation to my illness so was in hospital for a couple of weeks.Just to update yous regarding my situation.We did indeed receive half of the PPI money owed to us.This was my wifes share.I called CT Capital yesterday to find out if they had anymore information from my former T.D company and they advised me no but they were still emailing them and getting nowhere as they wanted to bring this whole thing to a close.I then phoned my ex T.D Company who informed me they had their top lawyer investigating my case in an attempt to reopen my Trust Deed as in there opinion my creditors could get more money. I was advised there was 8 or 9 other cases they were trying to reopen to. When i entered my T.D i was told my payments would be £150 for 4 years and i met my obligations without missing any payments and as stated previously i was discharged and then my Trustee was Discharged.
Is there anything in writing which says a T.D can or cannot be reopened that could back me up as i just feel like giving up now as I've other things to worry about than this PPI money.

Regards Hoopy

Hi Hoopy.

I hope that you're recovering well? It sounds like you've been having a tough time of it.

The fact that your former trustee has engaged a lawyer on this indicates that it's a potentially contentious area and therefore not a subject where we can point you towards a black and white answer.

There are circumstances where an IVA (in England and Wales) can be re-opened to gather in assets that should have been collected while it was running. This may be informing your trustee's attempt to re-open your case, though of course the law here is very different and I'm not personally aware as to how they could do this.

I think you're going to have to be patient I'm afraid. I doubt that the PPI seller is going to want to pay that money to you until they're sure that they don't have to pay it to your trustee. The risk to them is that they end up having to pay it out twice.

HI TDE

Thank you for your quick response as usual.Yeah 2 weeks in an isolation room was very tough going but nice to see the outside world again and i am recovering well thanks .I will be patient and let you know what the outcome is but it is very worrying if Trust Deeds can be reopened as that would mean there is never escaping them.

Regards Hoopy

I'm not sure that's it would mean that Hoopy, not that it's necessarily possible anyhow.

The only purpose would be to take care of matters that should rightly have been taken care of during the term of the arrangement.

Hi TDE
If you read back in one of my earlier posts the PPI money offered is coming from a secured loan that wasn't even included in the Trust Deed .

Regards Hoopy

Hi Hoopy.

It's not relevant whether the PPI relates to a debt that's included in your trust deed or not.

The relevance is just that the potential to reclaim that PPI was an asset when you entered into the trust deed.

It's quite probably a non-issue though, I've not heard of trust deeds being re-opened before.

Hi TDE
I understand what your saying thanks for clearing that up.I will wait and see what happens and maybe just maybe Santa Claus will be good to me as I'm due a wee change in luck. I just wish things were more clearer.

Regards Hoopy

Keep us posted will you, Hoopy? It will be interesting to hear the outcome.

I do know that trustees in sequestrations have been able to be reappointed to gather in any assets (such as PPI) that they missed prior to their discharge, but didn't think it would also be applicable to Trust Deeds. However, I'm not a lawyer so may ultimately be proved wrong on this.