Hi sillyboy.

It's hard to see how PPI claims could have started without you signing a letter of authority with the claims provider.

Did you sign anything? If not, you may wish to check that any claims have actually even begun.

I don't think there's anything unlawful about this, it's something that a couple of trust deed firms are doing (most aren't) and sadly a number of clients of these particular firms have written here about consequent discharge delays.

Thanks for your prompt reply

The last correspondence we had with Wilson andrews was the trustees final report which had the V6 forms stating that we would be discharged after 45 days from the date of the letter whih was the 14/05/11 (wife) and 12/08/11 (Mine).

My wife has contacted them on several occasions asking for updates as to when a letter of discharge would be received and there was no mention of this action they taking to recover the PPI.

We had not missed any payments and also paid in insurance pay out that amounted to £18,000. We have not signed anything asking them to look into the PPI for us and are tottally bemused by whatthey have told us.

Hi SB.

I'd suggest writing to them and asking for details of who is managing any claim, what progress has been made, what the ETA for completion is, and how claims have begun without you knowing anything about it or having signed a consent.

I'm a little concerned as to whether any such claims could even have begun without you having signed a letter of authority and answering some questions.

Hi sillyboy

Clearly, for reasons of client confidentiality, I can't go into your personal circumstances on this forum. However, I would like to be able to resolve your concerns as quickly as possible so please do get in touch either via your relationship manager or email me directly at barry.stewart at wilsonandrews.co.uk.

That was unexpected! I hope my trustee doesn't attempt to reclaim any of my PPI or I'll never get discharged. I agreed to every PPI policy that was offered with all my loans and cards.
Aside from that, why are some firms pursuing this angle yet others don't. Is there something in the legislation that requires this? Are people who sign trust deeds being advised of this at the outset of the trust deed? Also, should this not be progressed within the time scale of the deed as opposed to being chased upon completion of payments?
It's a lot of questions but as people come to this forum to get help and answers about what's involved in a trust deed, it might be worth having answers to these.

Hello Barry.

I think it's really positive that you've responded to sillyboy and provided a contact point regarding his concerns.

The subject of PPI claims connected to trust deeds, where the Trustee has instigated the claims process, has arisen in this forum a number of times in recent months. Typically the posters have had similar concerns to sillyboy in connection to delays in their discharge from their trust deed. I should state that this certainly doesn't only relate to your firm.

Gillian raises an interesting point in her post. You've written that,

"Many Payment Protection Insurance policies were miss-sold and as trustees we are required to make claims to recover any money due to you - to be treated much in the same way as any other assets".

I don't question the legitimacy of that statement in any way, but I (like gillian) am curious to hear your thoughts about why so many other Insolvency Practitioners haven't formed the same view in connection specifically to PPI.

Gillian, TDA

If you drop me you contact details I can send you a recent ICAS publication which mentions how IPs should treat PPI claims.

BS

I'm not keen to put my personal details on an open forum so I'll drop you an email to your address.

I notice you say the publication details how IP's should proceed in relation to PPI but not that they have to by law. It'll be interesting to see what the publication says but surely a firm should pursue this within an acceptable time frame - during the deed if possible. As with other institutions, firms can choose to act in an ethical way with respect to their client. The creditors have already agreed to the payment schedule so to inflict more uncertainty on a client would certainly appear to be unethical. Please understand that this is not directed at your firm but at the many firms who chose to act in this way.

Hi gillian.

One of my colleagues has asked Barry to email over the document to us. We're very interested to read it as I think PPI claims will remain a subject of interest to Trustees and their clients for a while yet.

If you'd like us to, we can email a copy to the email address that you have registered with the site. Please let me know if you'd like for us to do that.

Barry has kindly sent a copy of this document to a colleague here.

It's in a publication called "Impecunias" which we understand is issued to members of ICAS (Institute of Chartered Accountants of Scotland), a professional body of which many IP's that work in the provision of trust deeds are members.

It states in its Technical Note:

"PPI Mis-selling claims

The general obligation placed upon an IP to determine a debtor's assets would include PPI claims. If the debtor admits that he has been mis-sold a policy the mis-sold PPI claim is an asset."

quote:

---

Originally posted by Trust Deed Assistant

Barry has kindly sent a copy of this document to a colleague here.

It's in a publication called "Impecunias" which we understand is issued to members of ICAS (Institute of Chartered Accountants of Scotland), a professional body of which many IP's that work in the provision of trust deeds are members.

It states in its Technical Note:

"PPI Mis-selling claims

The general obligation placed upon an IP to determine a debtor's assets would include PPI claims. If the debtor admits that he has been mis-sold a policy the mis-sold PPI claim is an asset."

---

But what if the debtor does not believe they were mis-sold, as it seems that some companies are insisting that you must put a claim in for mis-sold PPI.........

There have been some visitors to the forum that have felt pressurised into making claims despite not having felt that they were mis-sold PPI. I most note that I'm not linking those forum posts to Barry's company specifically.

Hi TDA

Would it be possible to send a copy to me. Unfortunately we are IPA registered, however I do note from the ICAS website that Impecunias is described as 'A light hearted look at the Insolvency and Turnaround Scene in Scotland'

PPI is one of those subjects were there appears to be no guidance whatsoever in the AIB's notes for guidance (Seq & TD's), SIP3a, PTD Regulations or Bankruptcy (Scotland) Act or anywhere else. I would be interested to see therefore, any guidance given in this magazine.

Mark

We've sent an electronic copy over to you Mark.

The relevant section couldn't be considered to be light hearted! Interesting though.