Welcome to the Trust-Deed.co.uk forum GTM2169.

I would have thought that they should have let you know that they were doing this. Using PPI claims to boost creditor returns is something that all insolvency practitioners are now expected to do.

You have been discharged, which is good. Some firms would have refused to discharge you until any PPI claims have been completed.

It sounds as though your trustee did not discharge themselves. They "remained in office" to work on the PPI after your discharge to try to get more money for the creditors to the trust deed.

That appears to be what has happened, and it doesn't appear to be unusual or incorrect. As I stated at the start though I would have expected that you would get some communication about this so that it wasn't a surprise or a concern for you.

Hi GTM

You should check with the Register of Insolvencies to check if the Trustee has been discharged. If this is the case, he is unable to take or pursue for any PPI after the date of his discharge.

It's unusual for you not to be involved, but safer to check just in case.

Mark

Hi to both

many thanks for your reply....can you please tell me where i can check if they have been discharged?

If you go to the Accountant in Bankruptcy Website you can register to view the Register of Insolvencies there.

mark i was discharged. and then my trustee ,i have the letters (form 5).
nram claim i was bankrupt and have to ask my trustees permission

to make a claim for ppi.how should i word my letter to them.

We cannot give detailed PPI claims advice zaffer. It's a separately regulated area and we have no expertise in it.

If you go on some of the more generally consumer websites some have template letters on offer. Whether they'll help in these circumstances I don't know.

i blog about rbs ,someone owing them 10k
at start of there trust deed ,they were then discharged and the dept written off.account was shown as settled,on credit agencies.
rbs then kept the woman's ppi money .is it not false for trust deed company's to say you will be dept free after 3 years.
when clearly you are not as far as rbs are concerned.

Hi zaffer

I'm not sure I fully understand your point.

An individual with debt will be subject to one or all creditors legally pursuing for that debt. The Trust Deed, once protected, has the effect of limiting any ability to pursue for the debt and on conclusion of the Trust Deed the creditors are unable to pursue for any remaining balance.

In effect the individual is debt free at the end of the Trust Deed and as you say, the credit file will show settled. The stance taken by RBS in respect of PPI is a completely separate matter. The Trust Deed is concluded, the Credit File is updated, however it is for RBS to define how they view the post trust deed debt and for their own internal purposes may keep this live in house in the event of set off from PPI etc. However this in no way creates any barrier or disadvantage to the individual other than the inability to gain benefit from the payment.

Mark

mark my point is if the person was payed her ppi before the trust deed
she may not have had to enter a trust deed in the first place.

why does rbs have different rules from other banks,do the not follow the same code.

I totally agree with your thoughts and its up to someone to challenge RBS.

In theory you can have a scenario with 2 creditors RBS & BOS @ £15k each. There are 2 PPI payments of £10k and RBS offset theres, whereas BOS goes into the pot. When paying a dividend ( excluding contributions) both creditors get £5k each.

Mark

the thing is my case with nram is they say they cant investigate my
ppi claim unless i get my trustees permission. that i don't now have
i am one payment behind with my mortgage so would not mind if they kept the money and paid it to that.
Thank you for your recent contact with NRAM, I am sorry to learn of your dissatisfaction with us.

I note from our records that you have been declared bankrupt. Following the provision of the insolvency Act 1986, The Insolvency service takes the view that if PPI policy was mis-sold before the date of the individuals bankruptcy, any claim relating to the alleged mis-selling of the policy is owned by the official receiver or trustee of the bankruptcy estate, not the individual to whom the policy was sold. Discharge from bankruptcy does not alter this position.

In addition Discharge does not operate to transfer unrealized assets, including PPI miss-selling claims, back to the individual.

If a (former) bankrupt considers that a PPI policy was mis-sold they should not attempt to pursue a mis-selling claim without reference to the official receiver or trustee.

If a claim has already been made, the official receiver or trustee should be informed of the claim and the person against whom the claim is being made should be informed of the bankruptcy

In the light of the above we are unable to investigate your complaint without the permission if the official receiver or trustee.