tust deeds and ppi
 
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tust deeds and ppi

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

Hi Firewalker.

How interesting that a claim was put in for an account where there was no PPI. Sounds more like a fishing trip than a proper claims process. The banks and building societies have been publicly complaining about claims firms doing this.

You are correct about the VAT and PPI issues. Most firms will be able to discharge you while they deal with that though (because they will not discharge themselves).

If you have been discharged from a trust deed, and the trustee has not remained in office to deal with PPI, it may be possible to make a PPI claim. We have forum members that have received payments in this way.

The trustee can remain in office to deal with PPI after your discharge if they choose to. In these circumstances there would potentially be no PPI claims for the discharged client to make.

If the trustee and you are discharged, and a PPI payment is received, it can be kept.

I agree with you... it is a bit confusing!

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


   
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(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

Fishing trips is exactly the tactics EIF and various others employ though TDA!!!

If you cast enough lines in eventually you will get a catch,its pathetic.

Paul

Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


   
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(@newbie65)
Eminent Member
Joined: 15 years ago
Posts: 41
 

Hi

To Lorraineek - As far as I am aware no PPI investigations have been carried out following my objection being lodged. I have, like some of the members on here, received correspondence from my Trustee stating that I must complete and return the forms to the PPI company however I have been told by the TD company that this sent to me in error and to ignore the correspondence. I hope it works out for you too.

My concern is how this mistake happened in the first place. All seems very disorganised to me. I am just glad I have kept all my email and written borrespondence so that I can present it back to them if necessary.


   
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(@gillian)
Reputable Member
Joined: 15 years ago
Posts: 355
 

Well it just gets better! I spoke to EIF (earn it fishing) today and it took them a considerable way through the conversation to work out I was in a trust deed. Cue confused umms and silence. They woman then said 'it's quite a lot of money, your trust deed is complete so shall we send it to you?' I remained calm and explained that as I had never been mis-sold (check the emails Dear!), it would be fraudulant for me to keep this money. I strongly (without swearing - and achievement in itself) advised them to speak to my trustee. She said that she'd drop them an email as they'd never had that happen before.

Also, to cap it off, I got my form 6 in the post so the trustee is meant to discharge himself in two weeks. That'll be that up poo creek.

Nothing left to discharge - everything's done and dusted!


   
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(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

as I have said all along,EIF are not fit for purpose!!! Couldnt organize a P**S UP in a brewery!!!

Paul

Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


   
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(@gillian)
Reputable Member
Joined: 15 years ago
Posts: 355
 

What's annoying me more than everything is throughout the whole thing, I've kept in touch with my trustee, I've filled paperwork in on time, I've answered everything they've asked, I paid over my equity and have done everything they've asked of me. After my phone call to them last week, I wasn't the only one with this problem so someone has messed up. It's people trying to get to the end of this process who suffer due to additional stress and worry. It's massively unfair and I genuinely believe they don't understand how stressful and worrying it is. To me, EIF have basically made me out to be a liar. They've claimed PPI when I said I wasn't mis-sold. Surely trust deed firms should re-consider whether to use this company or not.

Nothing left to discharge - everything's done and dusted!


   
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(@firewalker)
Reputable Member
Joined: 13 years ago
Posts: 440
 

Thank you for the explanation. I did not realise that the Trustee had to discharge himself as well as discharging me. I agree it was strange that they pursued it since I told them I did not have any PPI. However thought it was a standard requirement for those in a Trust Deed.

Does your explanation mean that if they have contacted the companies and they have confirmed I have no PPI, he will discharge himself with regard to the PPI responsibily.

And conversely, if he had not contacted or concluded business with the loan companies for PPI, he would tell me that the PPI issue is still open and he will pursue.

Is he required to advise me when he has discharged himself from my Trust Deed.

Thanks in anticipation of your further clarification.


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

Hi Firewalker.

I'm not sure that your trustee needs to tell you that he/she has discharged themselves as, in reality, it makes little or no difference to you. I believe you can monitor whether this has happened on the AIB register though if it's of interest to you.

Once any PPI or VAT issues have been resolved I'm sure the trustee will look to promptly discharge themselves.

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


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

Hi gillian.

When you look around other debt forums the name of certain PPI reclaim firms come up often and not in an especially positive way.

Any business will understand that its own reputation can be affected by the firms that they choose to partner with. However, lots of trust deed firms are really still feeling their way into dealing with this relatively new PPI issue. There must be a tendancy (understandable in my view) in such circumstances to partner with PPI firms that others within the insolvency community are already using.

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


   
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(@gillian)
Reputable Member
Joined: 15 years ago
Posts: 355
 

Given the expertise in Trust Deed firms and the potential to save on paying fees to claim firms, I'm surprised they aren't doing this in-house. It's galling that we as clients have no say so in which firm is chosen. For a lot of us (not me) we have discussions and look into which trust deed firm is best for us to do business with. If I could have looked into the reputation of the PPI firm, I wouldn't have chosen them because 1) It wasn't great and 2) I didn't have PPI to claim (have I mentioned that before).

Nothing left to discharge - everything's done and dusted!


   
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(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

I said 2 years ago that insolvency firms should be using someone in house rather employing 3rd parties who adopt a scatter gun approach to ppi,with cold calling and random texts sent out to attract customers!!

I still also think more clarity is needed regarding fees paid to insolvency firms by ppi companies for customers.

Paul

Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


   
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(@sillybohy1)
Active Member
Joined: 13 years ago
Posts: 8
Topic starter  

Can anyone answer the origional question can thr trustee apply for your sequistration if you finished paying your trust in dec 2011 just because you dont wont to persue a ppi claim

steven dillon


   
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(@gillian)
Reputable Member
Joined: 15 years ago
Posts: 355
 

First of Sillybohy1, sorry if this thread has drifted from the original question. I re-read and see that you completed your payments with Invocas the month before I completed mine. I spoke to Invocas on more than a few occassions myself - like you, I don't believe I was mis-sold. I also emailed Equity In Finance and was told by them that there would be no investigations as my case had objections raised. Aside from the issues I've mentioned, I've never had any threat of sequestration from Invocas. I did get a letter last week saying that I had to send the claim pack back to EIF. When I called Invocas, they said it hadn't been issued by them (it was on their letter head) but sent by EIF. The person I had spoken to said he'd had a lot of calls that morning with the same issue. Not sure where the mistake is but there is one somewhere.
I had previously said to my administrator that as I didn't believe I had been mis-sold and had been through the criteria and didn't meet any of it, I felt it would be fraudulant of me to pursue a claim. I shoul hear back from my administrator tomorrow but would be interested to hear how yours has gone. Call them and see what they have to say. Hope it all goes in your favour.

Nothing left to discharge - everything's done and dusted!


   
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(@gillian)
Reputable Member
Joined: 15 years ago
Posts: 355
 

I also meant to ask, have you had your Form 5? That would show you have been discharged. After that, you should receive the Form 6 which shows the trustees intent to discharge themselves. I got mine yesterday. The laughable bit is, the letter from EIF was posted on the same day.

Nothing left to discharge - everything's done and dusted!


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

Hi sillybohy1.

You have a responsibility to comply with reasonable requests from your trustee, and there may be serious consequences if you do not.

You'll therefore want to be cautious in your communications on this matter.

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


   
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