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redundancy

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(@whitevanman)
New Member
Joined: 14 years ago
Posts: 2
Topic starter  

I completed my trust deed 16 months ago,it hasnt been closed because they are claiming a ppi payment from the bank and it has still to be settled, my question is, I am about to be made redundant will they claim my payment from me. cheers.


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

Hello whitevanman and welcome to the trust deed forum.

I'm sorry to hear about your forthcoming redundancy. It would seem to be grossly unfair if a claim were made against your redundancy payment, though I expect that this will be one of those issues that's at the discretion of your Trustee.

Kevin, Mark, Shona or Chris may have some thoughts about how they might view a similar scenario (not that I'd expect any of them would leave their clients in limbo for 16 months to chase a PPI payout as has happened to you).

Please remember that it's generally the case that a trust deed would have no call on the statutory element of any redundancy payout anyway.

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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

Generally speaking, your trustee has a duty to gather in whatever is available for your creditors, though as trust deed assistant says they cannot touch the statutory element.

Having said that, if they did try and claim some of your redundancy payout I'd seriously consider taking legal advice. The terms of your trust deed may stipulate a time-period for acquirenda anyway, ie you may have agreed only to hand over any windfalls that happen within a fixed period of time. On top of this, there must surely be an arguable case that the trustee has not stuck to their side of the agreement by not discharging you sooner.

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


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi all

I find this incredible that a case can be overdue for closure by 16 months, PPI claim or not.

When did they start the PPI thing?

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@whitevanman)
New Member
Joined: 14 years ago
Posts: 2
Topic starter  

Thanks for the replies, they started to claim the ppi about 6 months before I completed the trust deed.


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

Wow. Have you been getting any updates on the status of the claim whitevanman?

If you haven't I'd get in touch with the claims firm or solicitor involved and start demanding some information about what they're actually doing and why it's all taking so long.

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


   
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Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Hi

I agree that it would be unfair to take any of your redundancy. I don't see why a PPI claim has taken so long, that i s a risiculous length of time. I would chase up both the Trustee and PPI firm.

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


   
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