Trust Deed Forum - PPI CLAIM - THE RESURRECTION
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 PPI CLAIM - THE RESURRECTION
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BertC
New Member

3 Posts

Posted - 09 August 2019 :  13:10:43  Show Profile  Reply with Quote
Hello to all, I had a Trust Deed which I was discharged from in October 2012 after 3 years of good behaviour. Oct 2015 saw me declared permanently unfit to work because of a diagnosed Neurological Degenerative Disease. My financial problems were a direct consequence of several (approx. 2006 onward) years trying to keep working; to keep meeting my financial commitments, in the end I couldn’t. It’s a bit ironic that, as I was failing to keep afloat, struggling UK Financial Institutions were being helped out with the UK taxpayer’s £’s.

With too much time on my hands, I started looking into the PPI issue and, as it happens, submitted some enquiry letters to 3 banks that I had past dealings with, and the following transcript is of my final letter to HBOS:

Dear Sir/Madam
Thank you for the complaint decision letter dated 28 Sept 2015 which I received on 02 Oct 2015.
In that letter you uphold my complaint and duly outlined the award offered to me. However, I take issue with, and therefore do not accept, your offer. My issue is that, although the award is offered to me, you claim that your review shows that my financial affairs are being managed by an insolvency practitioner and therefore you will send the offered redress payment directly to them. I contest this as your records are not up to date. I was discharged from my Trust Deed on 04 October 2012. There is no current entry of insolvency of myself in the Scottish Register of Insolvencies. I enclose a copy of my Trust Deed discharge for your information.

In law you, the bank, have no right to involve or communicate with a third party in a compensation settlement between myself and you, or indeed, forward any settlement, or any notice of settlement communication, to them. They (my ex Trustee) have been legally discharged from overseeing my financial affairs. I have attached the relevant documents that prove that they have no legal guardianship over my current financial affairs and this has been the case for the past three years. A fact that you, the bank, should have on record as the bank would have received, as required in Scottish Trust Deed law, a copy of the attached document and all other previous documents relating to the whole of my Protected Trust Deed process from commencement to discharge.

If it is the case that the bank failed to update its records on receipt of those documents, then it has failed to maintain my personal and relevant financial data. Which, I believe, would have implications relating to the Data Protection Act?

The fact that you, the bank, are choosing to ignore your records which pertain to my recent financial history and current financial status or, you are making decisions based on information that is clearly out of date, and therefore incorrect, alarms me greatly.

I insist that you honour your decision to uphold my complaint and send the awarded recompense by cheque directly to me at the above address. I also ask for written confirmation within10 days that any monies awarded to me will be forwarded, by cheque, to me personally at the above address as this was the preferred method of payment agreed, by myself and with a member of your staff’ at the end of my telephone interview.

In conclusion, if you cannot make the recompense payment directly to me, as requested and outlined earlier in this letter, then I insist that you hold the payment whilst I take the matter higher up your organizational chain, or on to another authority for resolution.
Yours faithfully…
-------------------
The Halifax PPI Customer Services responded (within 10 days) to this letter:

Dear Mr (name removed)

I'm contacting you about your Payment Protection Insurance (PPI) policy and the redress payment made, following your letter 5 October 2015. As you've been subject to an insolvency arrangement the redress payable in response to your PPI complaint remains an asset of your arrangement, even after discharge. We've therefore made the payment payable 'to AG Taggard Co1:ltd.

If you believe we should have made payment to you, or if you have any queries about our decision, please contact AG Taggart Co Ltd directly, as we can only act upon their instructions regarding redress payments.

If you have any queries, or would like further information, please contact us on 0800 151 0293 and we will be happy to help. Alternatively, you can reply to the above address quoting your reference number.

Yours sincerely, Halifax

I intend to try and open a new claim or resurrect the original... does anyone have an opinion on whether this endevour has any chance of success.

ta.V.much

TDA (Debt Adviser)
Trust Deed Expert



13031 Posts

Posted - 09 August 2019 :  14:01:05  Show Profile  Reply with Quote
Hi BertC.

So was this money actually paid to your former trustee?

If so, do you know what happened to it?

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

3 Posts

Posted - 11 August 2019 :  18:16:28  Show Profile  Reply with Quote
Hi... yes, the money was paid to the Trustee. I did phone Taggart and was told that they would not forward the payment on but would apply to the court to be re-instated as Trustee for the purpose of dispersal of the PPI reimbursement payment and that's exactly what happened.

What really rankled with me is that, reading the HBOS's final reply to me, the passage reading:

"If you believe we should have made payment to you, or if you have any queries about our decision, please contact AG Taggart Co Ltd directly, as we can only act upon their instructions regarding redress payments
". These interactions between Bank & Trustee are before the Trustee has been to court and, as yet, has not been given the legal right to re-involve themselves in my private affairs?

So, did the bank phone Taggart re the payment & did they, Taggert, instruct the Bank to send the payment to them while they go off to court? I did phone my ex-Trustee and was told that they will be applying to be reinstated.

My point now, is the same as I asserted then, what gives a discharged Trustee the legal right to involve themselves in the affairs of someone who they no longer have financial guardianship over - kind of negates the whole purpose of people signing up to a TD, which was a hard & difficult experience to endure, only to find out years later that it is never really over.

ta.V.much
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TDA (Debt Adviser)
Trust Deed Expert



13031 Posts

Posted - 12 August 2019 :  08:07:29  Show Profile  Reply with Quote
Hi Bert,

As always, we cannot give you legal advice.

I guess the answer to your question however may be that your former trustee asked the court if they could reopen your trust deed to deal with an asset that should have been part of your trust deed, and the court said yes.


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BertC
New Member

3 Posts

Posted - 12 August 2019 :  11:19:32  Show Profile  Reply with Quote
quote:
[i]Originally posted by TDA (Debt Adviser)[/i]
[br]Hi Bert,

As always, we cannot give you legal advice.

I guess the answer to your question however may be that your former trustee asked the court if they could reopen your trust deed to deal with an asset that should have been part of your trust deed, and the court said yes.



... again yes TDA, that's what happened. As an interest exercise, I'm going to resume my PPI quest against HBOS - I have 2 loan & another Card accounts that were put on hold whilst I challenged the descision to involve my ex Trustee. Need to get a move on though, and catch the post before D-Day... lol.

Thanks for your input and Thanks too, to whoever made my requested edit.

ta.V.much
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