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Trust Deed / PPI claiming legal jargon!

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(@quiggles)
Active Member
Joined: 14 years ago
Posts: 8
Topic starter  

Hi, if anyone can make head or tail of this please do so or advice as to what to do next. Thanks

I was In a Scottish Trust Deed up untill August this year when I received my discharge letter. I had written to Capital One ref a missold PPI claim. They wrote back asking me to send details to confirm that I had indeed been discharged from the TD and that the TD had no obligations or interests in any money made by myself from now on. They said they never received the letter but now I have just received this in the post and I cant understand a word....

Thank you for recently contacting us regarding the PPI on your account.

Since we last wrote to you we have taken advice from our Scottish solicitors and they have confirmed our understanding of matters. Their advice is thaty no refund is due to be paid either to you or to your Trustee. The reasons for that are as follows:

1. A debtor has no legal title or interest in a claim for ppi premiums to be refunded after Sequestration - only the Trustee can make such a claim. That is because the contract for the credit card was concluded and the ppi premiums were debited to the account before the date of the Sequestration. Any claim for a refund arises at the time the PPI premiums are debited to the account. Accordingly, you can now now compentently make such a claim.

2. A formal valuation of Capital Ones claim bye the Trustee amounts to an admission of that claim. It also amounts to a waiver of a claim for a refund of any PPI premiums. However that communication was sent before Sequestration. The Trustee subsequently formally valued our claim under the provisions of the Bankruptcy (Scotland) Act 1985 to include the charges. That amounts to an admission and waiver.

3. In any event we can set off any claim for a refund against our own debit balance on the account. The claim yo have purported to make arises, in law, from obligations that were created prior to sequestration - the contract for the credit card was concluded and the ppi premiums debited to the account before that date. It does not matter that the claim was not intimated (nor valued) untill after the date of Sequestration. As a result, our own claim can be sett off against it. we refer you to the case of Asphaltic Limestone Concrete Co V Glasgow Corporation 1907 S.C. 463. That case concered a company in liquidation but applies equally in this matter.

Financial regulations require me to advise you that tyhis is my final response in relations to this matter. However you now have the option to contact the FOS blah blah blah......

Can anyone help please?


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

Hi Quiggles.

I'm afraid I cannot help with the legal aspects of this, and I think our insolvency experts may be reluctant to express especially firm views on a subject that seems to be related to legalities and case-law at least as much as insolvency itself.

It's curious though that so much reference is made to sequestration considering that you have in fact been discharged from a Scottish trust deed.

Whether you agree with their views or not (or whether any of us even understand them!), they are pretty much telling you to get stuffed! They mention that this is their "final response" which is a key part of the way they are expected to handle complaints (by the FSA).

The issue of their "final response" states that they are finished with your complaint and opens the door for you to make a complaint to the Financial Ombudsman Service if you wish to (or to take legal action).

Making a claim to FOS yourself will not cost you anything. There have been lots of people who have made FOS complaints and been awarded a payment in spite of a bank rejecting a PPI claim.

How FOS will view it I'm not sure. I can understand why Capital One would be reluctant to make a payment to you if they have written money off that was owed to them as part of your Scottish trust deed. Whether FOS will agree with that view is a subject we'll probably only get the answer to if you push ahead with a FOS complaint.

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


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi giggles

In summary they are advising that the debt legally existed for the period up to the trustees discharge and the debt dies on that date so no challenge is valid.

The trustee accepted the claim inc the PPI and and associated charges etc as a full claim by the creditor and on accepting waived any rights to challenge it.

Even if you were successful under common law they have the right to offset ppi against the debt

Mark

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


   
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