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I entered into a Trust Deed in 2009 through a company in Edinburgh that I finished paying 3 years ago,

but have still not been released because of PPI claims.

 

 

I recently received a letter from them stating that they are now (finally) about to enter the process for closure of the case.

 

Attached to the letter is a statement of the PPI claims received and so far this amounts to just over £4,000,

but there is also a note stating that they have received £1,810 from BoS (quote)

"but does not match any of the accounts above" (end quote)

 

Does this mean they are still legally entitled to keep that money or can I claim it as it is not connected to any of the accounts under the Trust Deed?

Citi Cards

- S.A.R sent 29/01/07

- Statements received 08/03/07

- First Request sent 12/03/07

- LBA Sent 21/3/07

 

Bank of Scotland

- S.A.R. sent 27/02/07

- Request for Payment sent 14/05/2007

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no sadly you cant keep it

its an asset no matter where it comes from

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for your reply, and that's the answer I was expecting, but thought it was worth asking.

 

Brian

Citi Cards

- S.A.R sent 29/01/07

- Statements received 08/03/07

- First Request sent 12/03/07

- LBA Sent 21/3/07

 

Bank of Scotland

- S.A.R. sent 27/02/07

- Request for Payment sent 14/05/2007

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In short, the trustee cannot claim your PPI without court action.

 

 

The current law in Scotland applying to Trust Deeds is that if your trustee has been discharged he/ she does not any longer hold your estate or its assets. Your facts are that you had a Trust Deed from 2009, which means a trustee (ie Insolvency Practitioner) was appointed (to benefit creditor/s) to deal with your estate. You then made payments to the trustee which were then completed 3 years' ago, ie 2012. I assume this is date of discharge? Have you received a formality of the discharge, ie a letter from the trustee?

 

 

New claims: If the trustee wishes to claim an interest in your estate again (which will include future PPI claims), court action is required by them . Go to court and challenge it. Argue, it is amoral and goes against the grain of the rule of law, notwithstanding unfair principles by democratic institutions. If you claim the PPI and begin spending it before the trustee applies to court, you could argue the PPI no longer exists as an asset as the transaction has now changed into money, goods, or other things.

 

 

 

 

 

http://www.trust-deed.co.uk/news/canatrustdeedbereopenedtocaptureppiclaims.php

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The deed has not been released....please read post 1 properly

 

So no need for court.

Quite aware of that article

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

The Trust Deed should only normally last 4 years but theirs began 2009 and still not discharged (apologies).

 

At the latest this should normally have been discharged by 2014.

 

However, if the trustee (Insolvency Practitioner) chooses to keep the estate on hold until realising any PPI future claims apparently he/ she can do that legally.

 

I According to the Accountant in Bankruptcy (AiB, equivalent to Insolvency official for England/ wales),

 

this is perfectly legal under the 2008/ 2013 Trust Deed Regulations and PPI claims could last for potentially many years.

 

My view is to look for case law based on the Scottish higher courts for any developments as there does not seem to be any common law authorities for this as yet.

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where did you copy and paste that from?

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