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    • I came back home on Monday and found this Claim form in my letter box. In the light of what I have explained earlier in regards to this debt claim, can anyone tell if I have any chance fighting it in th Court. SW in the last conversation request the proof of me living somewhere else, which I can't provide. They have info from the landlord of property being rented to me, I was there on electoral register, had bank account opened on this address, Driving licence had this address etc., but I wasn't living there.      Name of the Claimant -  Southern Water services   Date of issue – 12/06/2019     Particulars of Claim   The Claimant is statutory...etc The Claimant claims the sum £969 for unpaid water and or sewerage charges payable under s. 142-144 of the act and the Claimant Charges Scheme. The unpaid sum of £969 is for period 01/04/2014 - 08/07/2015. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year  from 08/07/2015 to 11/06/2019 and also interest at the same rate up to the date of the judgment or earlier payment at daily rate of £0.21   What is the total value of the claim? £1423   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes Letter before Action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes, COA address.   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?    No, water charges   When did you enter into the original agreement before or after April 2007 ? Allegedly after - April 2012   Do you recall how you entered into the agreement...On line /In branch/By post ? No   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No, no anymore   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Southern Water - original creditor   Were you aware the account had been assigned – did you receive a Notice of Assignment?   Did you receive a Default Notice from the original creditor? No.   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No   Why did you cease payments? Never. I wasn't aware of bills.   What was the date of your last payment? Never   Was there a dispute with the original creditor that remains unresolved? Yes, creditor did not take my notice of bills being wrongly issued in my name.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • If the case was brought before a UK civil court would UK rules apply or foreign rules?   I wonder if the original contract would strate what jurisdiction it's terms would be decided by?   I note that UK contracts frequently have a clause that says in so many words that any disputes  will be interpreted under UK law.
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Iona777

Discharged Trustdeed & PPI Claim

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I have previously posted on the PPI board but am posting here to see if I can get any more specific details about PPI in relation to a Scottish Trustdeed.

 

 

I took out a loan with Egg in 2002 and paid it up normally for about 4 years then entered a trustdeed from 2006 - 2009. I was fully discharged as was my trustee. I also know that my trustee has no interest in reopening my trustdeed in order to recaputure any ppi payments.

 

 

I made a PPI Complaint and Egg have admitted it was mis-sold and have offered my a payment.

 

 

However they have made a number of deductions from that sum. One is Tax which is fair enough, another is "Less a previous rebate" of £2365 which I never recieved from them and finally they deduct £1850 as a "Final Loan Adjustment" which has been sent to a DCA called Arrow which bought my account in 2011 after my trustdeed was completed.

 

 

As far as I am aware the only one who has any potential claim on any PPI payment I might recieve is my old Trustdeed Trustee. If he has no interest then all payment should come to me. I can see from the information that I recieved from Canada Sq as a result of a SAR that they spoke to my trustee who said he had no interest in my PPI payout.

 

 

 

I will write to Canada Square to challenge them on this but can anyone give me any input on what the legality of this might be especially given that this is a Scottish Trustdeed rather than an IVA?

 

 

I have tried to seek advice on the legality of this and while most agnecies I have spoke to say they don't think that the bank can do this none really has any experiance of this type of issue.

 

 

Has anyone else had a similer issue with PPI and a trustdeed with money being sent to a debt collection agency?

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