tust deeds and ppi
 
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tust deeds and ppi

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

Rsm Tenon have replied to my latest email(in their normal super fast way,reply with 3 hours) to tell me that the investigation into ppi on our TD's (wife and I),is complete and she has requested dividend cheques for our creditors,and once these have been cashed they will register the closure of the case with the AiB,they have promised to keep us updated on this matter so hopefully creditors will be keen to cash the cheques!!!!

Paul

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


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

quote:


Originally posted by sillybohy1

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


if they have discharged you and you have the form 5 then I am not sure,if you havent been discharged you must continue to comply with your trustees requests.

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 TDA. My letter from Invocas stated that if I do not comply I could be sequestrated but I had already received my Form 5 and been informed of my discharge a couple of weeks before this letter. Is this something that could so easily be changed?? I'm just confused by it all and not to mention concerned as I thought my Discharge brought an end to my committments.


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

I dont know if they can reverse a discharge but one of the IP's will no doubt be able to tell us.

Paul

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


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

A trustee is also responsible for treating their client fairly.

I would have thought they would have waited for their client to complete the necessary PPI paperwork before issuing Form 5.

Some advice from our experts would be good... what powers does a trustee have in respect of PPI claims where a client has been discharged but the trustee has not?

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


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

I think its a timing issue TDA,clearly some people have been discharged just as the ppi thing was kicking off big style and unless form 5's can be reversed then some TD firms may have lost out on the ability to force a claim. Maybe why so many firms are not even discharging clients after their final payments??

Paul

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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

If you have been discharged, sillybohy1, then they cannot now sequestrate you for failing to comply. By discharging you in the first place they are saying that you have already complied fully and therefore have no further obligations to them.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


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

quote:


Originally posted by gillian

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.
Hi I sent invocas an e-mail saying i was not missold and did not wont to persue ppi they sent me a letter to phone my trustee assistant i phoned him and he also told me my trustee would apply for my sequistration because it was a resonable request the are going to send out equity in finance forms again for me to fill out


steven dillon


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

quote:


Originally posted by Kevin Mapstone

If you have been discharged, sillybohy1, then they cannot now sequestrate you for failing to comply. By discharging you in the first place they are saying that you have already complied fully and therefore have no further obligations to them.


thanks for that kevin i have been discharged>

steven dillon


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

quote:


Originally posted by Trust Deed Assistant

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.


Hi i am only letting others know whats going on and this is exactly whats happining to me do you not want others to know

steven dillon


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

I think you've misunderstood what I was trying to say sillybohy1. Maybe I should have expanded a little to make it clearer.

It was an answer to the question you raised previously:

"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"

As you have confirmed that you have actually been discharged, rather than simply finished the payments, the situation is different as per Kevin's comments.

You're free to let people know whatever you'd like.

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


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

sorry i missundrstood you and thanks for your assistance

quote:


Originally posted by Trust Deed Assistant

I think you've misunderstood what I was trying to say sillybohy1. Maybe I should have expanded a little to make it clearer.

It was an answer to the question you raised previously:

"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"

As you have confirmed that you have actually been discharged, rather than simply finished the payments, the situation is different as per Kevin's comments.

You're free to let people know whatever you'd like.


steven dillon


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

My administrator has spoken to my trustee and he has decided that my closure date has to be put off until this amount of money is realised and distributed. Well thanks a million EIF, I was less than a fortnight away from completion and now I'm back to square one. None of this is down to Invocas. It's purely down to EIF. If there was someone I could complain to, I would. I'm off to fire off a strongly worded email.

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


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

Eif really are poor at what they do.

And thats not just judging by this forum!!!

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
 

Paul, I've made my feelings known to Invocas and hopefully they can review whatever arrangement they have with them. I've been told by my administrator that it'll take up to 30 days for Barclaycard to cough up so my closure is delayed by at least a month. I can see this being ongoing for a lot longer.

Hope yours goes a lot more smoothly than mine.

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


   
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