Hi dboy,

My situation is almost identical to yours, except I'm positive I never took PPI. My last payment was Jan and I'm still waiting on discharge. PPI wasn't mentioned at all until the end.

I'm raging after that phone call. As I was led to believe once final payment was made then I would be discharged shortly after. I don't want any PPI money as I asked for PPI in case I lost my job. But I don't think they should claim it without any investigation what so ever. Didn't even tell me they were doing so. Hopefully if I tell all the companies they are claiming from it will speed up the process.

Sadly this topic seems to be appearing more and more. I myself am in the same position but as I signed my TD after April 2008 there is no earthly ,legal or any other reason why they cannot discharge me . At present I am waiting for a response regarding my complaint and am willing to do what ever it takes to get a favourable outcome. It is time clear guidelines were set for all this ppi nonsense as it seems more and more people are being dragged into it. Some companies seem to think they have carte Blanche to keep us hanging on for as long as they see fit. Not acceptable the time has come to stand up to these unscrupulous companies and make them see we will not be walked over! Thankfully it seems not all companies take this shortsighted approach to discharge. So guys you have my sympathy ,and good luck.

Thanks for the replies guys. I have sent my trustee an email so lets see how I get on. I wrote:

Since we last spoke I have been reading up on Trust Deeds and trustee's who are claiming PPI on our behalf.

First of all, will any claim you make effect my tax status and is the tax deducted at source by the bank making the payout. if it wasn't, I'd like to request a portion of the PPI payout sufficient to cover my extra tax liability that your requirement to claim will created.
Secondly, as I signed my TD after April 2008 there is no reason for you not to sign off my Trust Deed, even if you are still dealing with PPI claim and was hoping you could sign it off ASAP.

As I said on my last email, I will be contacting all the companies in your previous email and informing them that I do not believe I was mis-sold PPI as I asked for it on all my credit. I believe that making a claim in my name, without any investigation and not informing me is fraudulent and I will be contacting the Financial Services Authority to make a complaint.

I'll post there reply when I receive.

Still raging........ aaaarrrrggggghhh

Hi dboy

As scotland28 says, it seems to be something coming up more and more.

If you signed post April 2008 then there is NO excuse for you not being discharged. It seems some firms are unaware of the law or April 08 change in regulations and that is really worrying.

If you signed post April 2008 please call your Trustee and advise that in terms of the 2008 regulations, you can be discharged simply by issuing Form 5 and they can remain in office to deal with their PPI. It should take 5 mins

Mark

Thanks Mark, will do's.

Welcome to the trust deed forum dboy.

Let's break this down a little bit.

Trust deed firms are being advised to look into whether claiming back missold PPI could help to return a greater dividend to creditors. That's entirely legitimate.

There are lots of reasons why PPI might have been missold. The fact that you asked for it does not necessarily mean it was not missold.

You have a duty to comply with reasonable requests from your trustee so be thoughtful before contacting companies that you purchased PPI from.

Take advice from your trust deed firm about whether there is a potential tax issue.

You certainly have the right to be informed about the basis of any claims being made in your name so feel free to ask for these details before deciding if there is a problem.

As Mark has said, if your trust deed was signed after April 2008 they can discharge you and carry on with the claims regardless.

Hi TDA, thanks for the reply

When I took out PPI I was aware that I didn't need to take it out or I could get PPI from a 3rd party. So as for being mis-sold PPI, I don't feel I have. But surely the trustee should at least investigate this before claiming on my behalf. I know they are entitled to do so but I should at least been informed and questioned about it before going ahead.

I don't want any money from it, I'm happy now I'm debt free and was happy with their service until I called today, but there must be guidelines that these companies must follow. At the end of the day if I hadn't seen this forum I wouldn't know there were tax issues that could arise.

You also say I have a duty to comply with reasonable requests from my trustee but no requests have been made, no phone call, letter or email.

Sorry to rant on a bit but I feel mis-sold on my trust deed, I was told I will make my 36 payments and I will be signed off and yet this still hasn't happened.

I'll call them tomorrow and ask about the April 2008 regulation change as I signed on December 2008 as Mark says.

Thanks again and sorry for the rant..... again.

dboy.

Hi dboy,

For the record I have no idea whatsoever how anyone could confidently make a legitimate PPI complaint without investigating the matter with you first. It seems both bizarre and dangerous.

There was a little article in the Financial Times a couple of weeks ago that creditors/lenders had reported certain PPI claims merchants to the Ministry of Justice over alleged dodgy practice.

I hope trust deed providers are choosing their PPI partners carefully. Members who have been here a long time will remember one trust deed firm that got themselves mixed up with Cartel before they crashed and burned leaving their clients in the lurch and out of pocket.

Hi TDA,

Like I say, they have been great until this. Even recommended on this site, but if feel let down by them now. I'll see how I get on tomorrow and thank you again for your replies.

dboy

That last post should have been a bit more precise. Trust deed clients weren't left out of pocket when Cartel ceased to exist. Many had their discharge delayed though while the legitimacy of their credit agreements was supposedly being investigated and challenged by Cartel on the instruction of this trust deed firm.

It was other clients of Cartel who ended up out of pocket.

I finally took the plunge and emailed my Trustee tonight asking if i can be discharged while PPI claims are finalised, as my Trust Deed was signed after April 2008. Will let you know how I get on. Fingers crossed.

Hi Andy
Excellent ,well done, the more people that take this approach the better. After all if you don't ask you don't get ! I hope all goes well .

Well done from me as well Andy.

It's a perfectly reasonable question that you are asking.

Good luck.