Hi TDA, I spoke to FOS on the phone and they told me the same thing, I will give Egg a call now and see what they say.

Ok I called Egg (Canada Sq Operations) and they refused to discuss it with me over the phone and said I must write to them over email or post and someone will get back to me in 10 days.

Isn't it funny how banks insist on doing business over the phone when they require mney or info from you, but when the boot is on the other foot, they insist on letters!!

Yes I agree, the chap I spoke to wasn't very helpful and said that I could write but no mistake would have been made. Perhaps they are just hoping I will go away!

Update: I decided to call Arrow the company to who Egg have told me they will be sending that amount of around £2000 to and they don't even own that account anymore, thy sold it to a group named Grove in 2014 and when I called them they told me they held no record of my account and after speaking to someone from the team that deals with trustdeeds they advised that anything as old as my trustdeed would have been discarded and not loaded on to their platform because there is no possibility of financal gain for them.

Both Arrow and Grove agreed that the only people who have any claim on a payment of ppi compensation would be myself or my former trustee who has already told them he has no interest.

I am drafting a letter to Egg now so will include this information as there is literally nowhere else for them to send this money than to myself at this point.

p.s. I know the outcome of the mond case may alter this in the long run!

I signed a ptd 15 years ago. And trustee kept ppi monies also incase law changes awful really am sure also my dreditors
Sold on debt and surely even they would have clos d the case. Former trustee not being very helpful also. Just saying h meh keeping money till mond result wasn’t told it could take till October only told depends if there is an appeal I understood this was last stop

Hi Wildchild,

My issue is that Egg have deducted money due to me (or potentially my trustee) and have said they would send it to Arrow who now own the debt.

The shady part is that Arrow no longer have that debt they sold it on to another company who basically binned it, as it was worthless to them as no money can be retrieved from my account legally or otherwise.

So basically what Egg have done in my case is quite shady I think, but I will give them the benefit of the doubt to see if they will sort it out.

At the moment my trustee is saying he has no interest in any PPI pay out however that might change pending the outcome of the mond case, after which he might have legal recourse to any ppi refund I would get.

That is the first I have heard about a further appeal after this case, it does seem neverending!

Trustee said my trustdeed would not be and to go a head and claim ppi if I wanted to

There is no further right of appeal. This is the end of the road.

Yes I thought same why would a trustee give out that information. Am maybe wrong but I think a former trustee shouldn’t have this money he no longer has any rights to my affairs. And as for the ppi well banks fault they mis sold it. Causing people hardship

Unfortunately as there is still no clear legislation on the subject, trustees made up the rules as they went along.

PPI is a rather complex matter.

It is highly unlikely legislation will be passed regarding PPI as the current legislation covers the general area of assets being conveyed as part of the trust deed.

Case law is helpful as it provides a precedence on specific matters such as PPI and provides guidance.

The issue surrounding PPI has focussed on two areas over the last few years:

1. Whether a creditor can set off debt when case is closed
2. If a trust deed can be reopened by the trustee.

The issue surrounding reopening trust deeds is complex as it is formed under trust law in Scotland that can at times, be in conflict with the trust deed legislation.

Whilst some trustee firms have reopened or attempted to reopen cases - they represent the minority. Most firms including my own have never attempted to reopen trust deed cases as we believe our trust deed wording on closure is very specific - once a case is closed - it is closed.

The issue of set off once a case is closed has no direct connection with the trustee and it is the creditor who is interpreting the common law right to set off debt.

Hopefully the Mond case will provide clarity on the right to set off.

Hi Sharon,

Thanks for your response. I am the OP and my issue is a little different in that my old trustee has stated he has no interest in the PPI Payout but that Egg have taken it upon themseleves to send about half this payout to a DCA called Arrow who they sold my account to.

After speaking to Arrow myself they no longer own that Account having sold it on themselves to another DCA called Grove, who I discovered on speaking to them have essentially binned my account because it holds no value to them. Both these firms stated they could not recieve any payment on an account which had been in a completed Trust deed.

Would I be correct in thinking that if my trustee has told Egg that they are not interested in the PPI money that Egg have no option but to issue that refund to me?

Hi Sharon. First paragraph. Highly unlikely legislation will be passed are you meaning you don’t think law will change on where ppi goes etc my main concern is not the money it’s re opening trust deeds so hoping things stay how they are debtor frecieves ppi to avoid this legal re opening stuff

Wildchild - the deadline for PPI is Aug 2019. Passing legislation takes a long time and involves consultation, debate , parliamentary scrutiny , debate, amendment, royal ascent etc.. I would be highly surprised in legislation is introduced to cover this.

Many financial institutions and trustee's will follow case law guidance for more complex PPI matters.

Ramona - I am sorry to hear about your situation.

A creditor does normally have a common law right to set off - this is law that is derived from custom and judicial precedent rather than legislation. This does not limit itself to PPI or insolvency.

Depending on the wording of the trust deed, it may be that a creditor agrees to distinguish the balance of debt when they receive a final dividend from the trustee as it may be outlined that thus acts as an offer of composition and therefore a creditor is unable to apply set off at a later date for PPI - as the debt no longer exists.

One size does not fit all as there has been the assumption that the wording of every trust deed is the same - it is not.

Whether a creditor is able to set-off any ppi once a trust deed has been discharged really comes down to the wording of the deed and many are waiting on the court judgement to see if it provides guidance on such matters.

Wildchild - it will really depend on whether the creditor feels the debt still exists and whether they feel they have an entitlement to set-off the funds.