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Topic starter
27/05/2015 4:09 pm
Hi, I've been reading this forum for a few days and I know this question has come up a lot, so my apologies!
I am helping out my brother who had a Trust Deed with Invocas, and he was discharged in 2012. I didn't know that Trust Deed companies could claim back PPI until last week.... we waited until he was discharged to complain about his 2 lots of PPI so that if he was awarded anything, he could keep it.
He was successful with Lloyds and they paid out no problem. His complaint with RBS was upheld also but they only paid him about 2 thirds of it.
We were fighting to get the other third, and a reason for them doing this. I eventually gave up as I was getting nowhere (they responded to NOTHING) and had just had a baby so I didn't have time to pursue it further. Then a couple of weeks ago they sent him a cheque out of the blue for over £5k, but he couldn't cash it as it had his first initial wrong.
When he phoned them they said they shouldn't have sent him it as he was bankrupt, we then sent the paperwork to show he was discharged, and they wrote back saying the Accountant in Bankruptcy had an interest in any payment. We phoned the AIB today and the RBS has already sent them the cheque.
Is this the end of the road? RBS said to him on the phone last week something about 'hardship' and if this was the case for him he may be able to keep some/all of the money. AIB haven't heard of this, have you?
Thanks for all your help [:)]
27/05/2015 4:16 pm
Hi Iains Sis
The key point is to make sure the Trustee has been discharged. If not then the funds will go to the Trustee. If the Trustee has been discharged, then the funds should go to your brother.
I'm not sure why the AIB are involved in this as it was a Trust Deed and they will have no involvement in this. If the Trustee has been discharged then they have no title to the funds. Even if the Trustee has not been discharged, they have no title to the funds.
Best way forward is to look at the register of insolvencies via the AIB website and see if the Trustee has been discharged. If they have, then you should be asking the Trustee/AIB under what authority they are holding the funds.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Topic starter
27/05/2015 4:39 pm
Thanks Mark
There are a few dates on his record on the AIB website.
Debtor Discharge Date (or Expected Discharge Date)
20/01/2012
Date of any order converting protected trust deed to sequestration
20/01/2011
Trustee Discharge Date
20/03/2012
First Order Date
20/01/2011
Award Of Sequestration Date
14/02/2011
and finally
Current Trustee
Date Appointed
14-Feb-2011
Trustee Name
Accountant in Bankruptcy
Trustee Organisation
A I B
TrusteeDischargeDate
20-Mar-2012
What I don't understand is that he says his Trust Deed was with Invocas, but this site says AIB?
I can PM the link to his record if that will help.
All I did was type a complaint letter for him and print it out, I'm in way over my head now lol
27/05/2015 4:41 pm
Hi Iains Sis.
So this looks like bankruptcy (sequestration) rather than a trust deed?
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
27/05/2015 4:57 pm
Ah! It was a trust deed converted to a sequestration. The debtor's discharge is automatic after 12 months in sequestration which would explain:
First Order Date 20/01/2011. Debtor discharge date 20/01/2012.
However the Trustee discharge date is curious if it states 20 March 2012 as this would mean the sequestration ran for just over a year?
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
27/05/2015 5:00 pm
It would seem that the Trust Deed was converted to a bankruptcy on 20/1/11 and then your brother was automatically discharged from the bankruptcy a year later. I guess he mustn't have complied with his Trustee under the Trust Deed so they applied for his sequestration instead, with the AIB being appointed as the Trustee in the bankruptcy.
The upshot is that the AIB are likely to seek to be reappointed as Trustee in order to collect these funds and distribute them to creditors. They do this regularly in bankruptcy cases if the sums involved make it worthwhile I'm afraid, and £5k would certainly fall into that category.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
Topic starter
27/05/2015 7:05 pm
Ok, so this is allowed and we should just let it drop? Thanks for all your help.
28/05/2015 9:04 am
Hi Iains Sis.
I'm not sure that there's anything you can do to prevent this from happening.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
Topic starter
28/05/2015 3:27 pm
Thanks! Just so I know. I did tell him he should be pleased that he got the rest, as he probably shouldn't have.
