Hi Buddy bee and welcome.

I think you might have been able to expect a pretty prompt discharge after your dad paid off any remaining contributions (it sounds as though this was all agreed with the trustee).

It would appear that your trustee hasn't done this and is now looking to mount PPI claims to see if more money can be raised for the creditors.

It's normal now for PPI claims to be made as part of a trust deed, insolvency practitioners have been instructed to do this. However this should obviously have been made clear to you when the settling payment was discussed.

The problem now is that if you have not been discharged, and PPI claim money was paid to you, this almost certainly should have been paid over to your trust deed to help repay more to your creditors.

In the circumstances I think you'll probably need to have an open conversation with your trustee about this and work out a way forwards from there.

How much money are we talking about for the claims?

Hi Buddy bee,

I am sorry to hear of the distress this matter has brought you.

To allow me to understand the position here can you confirm when you signed the trust deed and over what duration for example was it 48 months? Did the Trust Deed include equity in a property? And finally, have you received confirmation in writing of your discharge of the Trust Deed? Also are you saying you received direct, a refund of PPI?

PPI is deemed an asset of your estate and as such vests with your Trustee/creditors. The trustee has an obligation to investigate where any refund maybe attributable to your estate. The Trustee may pursue you or the creditor who refunded you the PPI as try will consider that they should have been entitled to these funds.

Not great news unfortunately however it is the Trustees duty to ensure that assets has been correctly realised and distributed appropriately.

Hi thank you to you both for getting back to me with regards to my questions. Its in a way comforting to know there is someone to talk with about this, ive been to CAB and they werent really a lot of help.

Rob - I joined the trust deed a long time ago so my memory is not good. I think it was over 3 years, but a few missed payment then my house taken into to it as I couldnt afford to make the payments after a relationship breakdown about 5 years ago. Think this is why its taken so long. Iam not sure if they included equity in the property, how can I find this out. Iam not really sure how to deal with this and where to start with them, I find them very difficult to deal with and sometimes very rude and understanding. What do you reccomend I do? The PPI amount is around £5k over two claims.

Hi Rob, sorry after reading your post again. Ive not answered all your questions.

I still have not received anything from them since paying the the settlement figure last March. No they have not approched me to say I have already received any PPI payments what they are asking for is authorisation to invesitage PPI on my behalf that they feel I have been miss-sold. I do full understand why they do this but I feel I have personally never been advised by them properly about PPI. I claimed my PPI after paying them a settlement figure. thanks

Hi Buddy bee.

I think the problem may be that your trustee will consider that the £5000 should have been paid over.

Assuming that's the case they may look to recover that sum from you for the benefit of your creditors I'm afraid.

Ok I understand. In terms of looking for clarification on where things stand I would first of all advise you to drop a brief letter or email to your trustee. Ask them for an update on the position of the trust deed. Ask them to confirm what was agreed at the outset in respect of duration and plan for asset realisation and progress made to date. If all that is outstanding is the PPI then the trustee has an obligation to investigate this. If you advise them that the claims were settled to you first then as I see it the Trustee has 2 options as it stands:

1. To pursue you for the PPI payments you have received direct whilst still in the Trust Deed. Term.
2. To pursue the party the PPi claim was against for paying funds to you to the detriment of your creditors in the Trust Deed.

The above options will be weighed up against, cost for pushing versus potential realisation. It's unlikely they can do anything do ingather these funds now and likely to close your case (unless there are additional PPI claims to pursue themselves on your behalf).

Rob- thank you so much. I have emailed them this morning, will be back I touch with there reply. Thanks lisa

Absolutely no problem.

If there is anything else we can help with just post again.

Regards