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Kevin Mapstone
Trust Deed Expert



3753 Posts

Posted - 17 December 2018 :  10:47:58  Show Profile  Reply with Quote
Hi lindalo56

If there are surplus funds once the creditors who have made claims are settled in full plus interest, plus the trustee's fees and outlays have been paid, then you should receive those surplus funds back.

As long as it is not too late (ie the trustee hasn't already made a final adjudication of claims and paid out accordingly), then your ex could make a claim (the technical term is a subrogated claim)in respect of the debt she paid off.

She would need to get in touch with your trustee in order to do so.

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lindalo56
New Member

5 Posts

Posted - 01 January 2019 :  21:22:04  Show Profile  Reply with Quote
Thanks Kevin . Everything has been settle trustee fees and outlays have all been paid . My ex did get in touch with my trustee to make a claim and was told she was not entitled. It did seem unfair at the time since she had paid of all of the loan herself which was a joint loan . My trust deed finished in September 2015 . So I think abjudication of claim will have all been completed and unclaimed money of about 13k are lying in a government account .
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Kevin Mapstone
Trust Deed Expert



3753 Posts

Posted - 04 January 2019 :  13:56:20  Show Profile  Reply with Quote
It might be worth your ex getting in touch with the Accountant in Bankruptcy, lindalo56. If there are funds consigned to AIB that were not cashed due to the creditor having been paid off by your ex already then she may be able to claim these funds instead.

I'm not sure what the AIB's response would be to be honest, but it's worth a try if there is a reasonable amount at stake. I daresay they will at least require evidence to show that the debt was indeed repaid by your ex, though they may insist on more than that, such as evidence that the debt claimed for has been formally assigned by the original creditor to your ex, which would likely prove problematic to arrange in practice.

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lindalo56
New Member

5 Posts

Posted - 07 February 2019 :  12:39:19  Show Profile  Reply with Quote
They are waiting on the outcome of the MOND case

quote:
[i]Originally posted by Luke4630[/i]
[br]Hi I think rbs were referring to the Donnelly v rbs case . Strangest thing today 2 cheques in the post from rbs 4000. My hunch is rbs have fallped the case . Money could be on its way . There is know way this money should have been paid out to me . Something has gone down in my opinion .

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TDA (Debt Adviser)
Trust Deed Expert



12985 Posts

Posted - 07 February 2019 :  15:54:02  Show Profile  Reply with Quote
That's happened lindalo56.

I guess the questions are what they do next and when they do it.

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FormerBadDebtor
Contributor

7 Posts

Posted - 01 March 2019 :  09:19:51  Show Profile  Reply with Quote
Hi all, just to say I received a PPI refund from RBS - thanks for all your help and advice!
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