Maybe tinsoldier.

We don't speak for him.

Hi
Am new here - so here goes I had a TD and was discharged in 2007 I got back in touch with RBS after I seen they had been back at court - so I called them and the guy that I spoke with had told me to send in proof that my trustee had been discharged etc I even got the guys name from the bank. I get a letter back saying that they still have off set the money my question was to them last week when I called them was why did this guy tell me to send in proof etc and tell me once this was received the funds would then be sent straight to me - they said I would not get the money as the bank has the right to off set this.
Thanks [:)]

Hi Teen40.

What we know about RBS and PPI claims after trust deeds can be read here:
https://www.trust-deed.co.uk/rbs-and-ppi-claims-after-trust-deeds.html

I want to claim PPI I'm sure I've had (Egg) plus the account fees the bank made me take years ago saying without it I wouldn't get credit and could lose my account (I was young and naive), but worried they will reopen my TD (I've got my form 5 and was discharged by trustee a year ago).

Am i defo safe to go ahead with this? I'd be claiming against creditors included in my trust deed settlement

Has your trustee been discharged yet TimeLord?

I guess this whole thread is currently describing the fact that there's not currently any total certainty that a trustee might not be able to get reappointed after their own discharge to capture this type of asset.

Yeah, they've been discharged for almost a year. I'm so glad to be free of it all I think the risk is too great 🙁

What's to be lost TimeLord?

Sleep, dignity for a start TDA.

quote:

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Originally posted by tinsoldier
[br]Sleep, dignity for a start TDA.

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And the money of course.

If anyone has been in a TD which paid back all their debts, and the TD fees, and interest - and they now find that they are due a PPI refund, there's no problem. They'll get the whole of the PPI refund.

If they've been in a TD which paid 50% or 30% or 10% or 0% of the debts, there might be a problem.

The first thing they need to do is dig out their copy of the trust deed document. Then dig out the links to the Court of Session judgements.

Then compare their TD document to the one quoted in the Court of Session judgements. Does it have the same wording? Yes?

They can use that to argue to the trustee, or in court, that the PPI refund doesn't belong to the trustee -it belongs to person who signed the TD. The person can refer to the Donnelly appeal judgement to back this up.

If the wording of anyone's trust deed isn't the same as the one in the Court of Session case, that's a different legal argument.

None of this is straightforward. Never mind what's happening with Mond making an appeal to the Supreme Court. If someone has different wording in their TD, they probably can't use the Court of Session/Mond judgements to back up any claim to getting the PPI.

You must know all of that tinsoldier - your posts show that you have followed this issue for some time.

Perhaps you could also take the time to summarise the factual 'story so far', for the benefit of new posters?

Having it reopened and being back in a trust deed would affect my new job, plus saving to try for a mortgage - that's why I have the fear of trying it

The "story so far" Candlewick is there have been 2 judgements in the CoS, both of which have favoured the debtor keeping any PPI payment. After the second ruling last July my ex-trustee threw in the towel and I was awarded my funds. This was solely on the CoS ruling, which many were seeing as a definitive ruling.

The Mond appeal has a huge bearing on future decisions. It is what many firms are waiting on before deciding how to proceed with the whole issue of PPI post-trust deeds.

But I'm sure you knew that too.

Hi TimeLord.

You wouldn't be back in a trust deed if this happened - only your trustee would be.

You'd remain discharged at all times.

Hi Timelord

Yes sorry - as far as you are concerned you are not bound by any trust deed obligations again. The only thing I was concerned about when my former trustee was trying to re-open my TD was the whole thing being brought up again as it was a pretty stressful time in my life.

But as TDA says why not just go for it?

Hi Timelord,

You could make a call to your former Trustee to find out if they are one of the companies that are holding onto funds or considering this. They could tell you that they are not and then you could consider a PPI claim. My firm are not interested in this and never have been so if you called me I would tell you to go for it. The only way in which this would change is if there was clear guidance that we need to do this which isn’t currently the case.

If you are successful and receive the PPI payment then this could help towards the deposit for the house.

If I were you that’s what I would do.

Really good advice all, which is greatly appreciated - thanks all for taking the time. If I go ahead with it I'll report back 🙂