Hi there,
How can I tell if my Trustee has discharged themselves (without asking them!)? Is there anyway to do this?
Also, a few questions about PPI.
If I had PPI on loans/cards etc that were settled prior to my trust deed can I claim for this without the worry that it has to go to my Trustee?
On the debts that were included in the TD, if the PPI amount owed is more than what the actual debt was (due to length of time I had the cards and the average balance) should all of this go to the Trustee?
If they are discharged, what should I do about PPI?
Thanks...
Good morning Buzzbee,
It's as simple as looking up your entry on the register of insolvencies which is available online. More about that here:
https://www.trust-deed.co.uk/searching-the-register-of-insolvencies.html
If your trustee hasn't been discharged the proceeds of PPI claims will go to them to help repay more to your creditors. This applies irrespective of whether the connected debt was cleared before your trust deed began.
A claim being worth more than an included debt is also a bit of a red herring. The claim is for the benefit of all of your creditors, so the sum would go into your trust deed.
If your trustee has been discharged you could seek to make claims. We'd urge you to do this yourself rather than using a claims company. As you may have seen on some other threads there have been some legal action related to trustees seeking to reopen trust deeds where large PPI claims come to light after their discharge. There's no total legal certainty in that area right now. We also know that RBS might seek to write off the proceeds of any claims against debts that remained unpaid at the end of a completed trust deed (which has also been subject to legal challenge).
Thank you for the info.
I've checked and my Trustee isn't discharged.
I have enquired about PPI however haven't had any payment as yet. I am assuming the advice would be to pass this on to my Trustee.
What would happen if I didn't? Just asking 😉
Hi BuzzBee,
If your Trustee isn’t discharged and remains in office then any PPI funds should be paid towards your Trust Deed.
Normally the lender who will make a PPI refund will check to see if a Trust Deed or Sequestration is in place and check with the Trustee who the funds are to be paid to.
As tempting as it is to keep any PPI funds that may be paid directly to you it will only create problems later on down the line for you. The Trustee could raise legal action against you for the recovery of the funds. My advice is pay this to the Trustee and move on with life.
David is not currently posting in the Trust-Deed.co.uk forum