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Kazzag
New Member

4 Posts

Posted - 21 February 2018 :  09:05:53  Show Profile  Reply with Quote
Hi. New in forum. Both myself and my trustee have been discharged from my trust deed for a number of years now and no longer show on the register. Ladt year I had a successfully ppi claims. However yesterday I got a letter from cleardebt saying I had to complete firms for them to check for any ppi claims. I thought that as they have been discharged they cannot do this. I have spent the money i received from the ppi claim. What should I do. Thanks

Karen Gilchrist

TDA (Debt Adviser)
Trust Deed Expert



12472 Posts

Posted - 21 February 2018 :  15:34:59  Show Profile  Reply with Quote
Welcome to the forum Kazzag.

The trustee at Cleardebt contends that trust deeds should be reopened to ensure creditors receive the benefit of claims that potentially existed when a trust deed began.

This is highly legally contentious and the matter will soon be heard by the Supreme Court.

We canít tell you which way this will go, or whether any consequences will arise for you if the trustee wins the case.

If it were me, and my trustee had been discharged, Iíd consider asking about what authority theyíre relying on when requesting that you complete these forms and what the consequences of choosing not to would be.

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Kazzag
New Member

4 Posts

Posted - 21 February 2018 :  15:52:20  Show Profile  Reply with Quote
Thank you. One other point. Cleardebt were not my trustee at the start or at the discharge of my td. I assume that my original trustees company was either bought by cleardebt or merged with them. I have never prior to the letter I received yesterday heard of cleardebt. They also quoted the our come I'd a court case in England but that was regarding an Ivan. Thanks for all your help

Karen Gilchrist
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Turbobhoy
Frequent Contributor

48 Posts

Posted - 21 February 2018 :  16:04:42  Show Profile  Reply with Quote
Looks like cleardebt are a law to themselves either he has been told the decision from Supreme Court before even going court or they think they are above the law as it stands
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Kazzag
New Member

4 Posts

Posted - 21 February 2018 :  16:22:09  Show Profile  Reply with Quote
Thanks for your reply. I followed the rules in place when u claimed my ppi ladt year. The Claims management company said as long as me and the trustee were discharged I could proceed. Both banks sent cheques to me even though they were included in the td and would have known that I was in a td 9 years ago. I don't think I acted incorrectly. Any advice is much appreciated .

Karen Gilchrist
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Bert
Frequent Contributor

41 Posts

Posted - 21 February 2018 :  19:38:23  Show Profile  Reply with Quote
I agree with TDA, in respect of what authority he commands in respect of completion of any forms, Iím thinking he is on a fishing trip and I for one would be very sceptical of completing any forms..... maybe others would have a different view on this?
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TDA (Debt Adviser)
Trust Deed Expert



12472 Posts

Posted - 21 February 2018 :  19:42:54  Show Profile  Reply with Quote
Hi Turbobhoy.

The individual concerned believes that the previous rulings were incorrect in law. To be able to take the case to the Supreme Court at all involves passing a high legal test beforehand, so youíd have to assume his case has some merit whether he wins or not.

If he doesnít win heíll be significantly out of pocket.

Do you honestly think someone involved with the Supreme Court would know the verdict beforehand and tip off one of the parties beforehand?

How could taking something to the Supreme Court signify that you consider yourself above the law? Youíre literally submitting to the verdict of some of Britainís very most senior judges.

Anyway, he may well lose. Only time will tell.

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TDA (Debt Adviser)
Trust Deed Expert



12472 Posts

Posted - 21 February 2018 :  19:48:43  Show Profile  Reply with Quote
Hi again Kazzag.

Cleardebt has taken on some trust deed portfolios from other firms.

Iím not sure that the IVA case will be relevant to yours. The law in Scotland is different in some respects and an IVA and a trust deed work differently.

As Bert and I have suggested, I think there are some important questions that you can ask the firm which will inform whether you decide to cooperate with them.

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TDA (Debt Adviser)
Trust Deed Expert



12472 Posts

Posted - 21 February 2018 :  19:51:05  Show Profile  Reply with Quote
Oh... and a personal view...

I donít think youíve behaved improperly at all. Youíve acted upon the advice of people youíre entitled to trust.

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Kazzag
New Member

4 Posts

Posted - 21 February 2018 :  20:07:08  Show Profile  Reply with Quote
Thank you for your advice. I did think that the case regarding the Iva would not be relevant to a td. I'm just a bit worried as to what implications there may be financially as I do not have the money i received from the ppi claims. But thanks for your help and I will keep you updated

Karen Gilchrist
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amorphous
Advanced Contributor

79 Posts

Posted - 21 February 2018 :  20:11:46  Show Profile  Reply with Quote
Just a thought....

Cleardebt is an English based company, so it follows that the majority of their business will be IVA's.
Is it possible they have sent out these forms as standard to all of their ex-clients in light of the Green v Wright judgement, and haven't differentiated between the different forms of insolvency (IVA and TD)?
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TDA (Debt Adviser)
Trust Deed Expert



12472 Posts

Posted - 21 February 2018 :  20:27:11  Show Profile  Reply with Quote
That possibility occurred to me amorphous. An admin situation possibly.

However they are well aware of the difference between the two different jurisdictions, as noted by their involvement in the Supreme Court case.

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sophie
New Member

3 Posts

Posted - 12 March 2018 :  16:11:47  Show Profile  Reply with Quote
Hi
Just got my letter from clear debt.
They are asking me to complete forms giving authority for a PPI claim company to claim any PPI money.
The company are charging 33%.
As a good will gesture clear debt will give me £500.00
Both parties have been discharged for years so cant see why I would have to give authorisation for something that is no longer in place.
From what I understand the trust deed would have to be reopened so that any money can be psssed out and this would have to be done in court. Is that correct?

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TDA (Debt Adviser)
Trust Deed Expert



12472 Posts

Posted - 12 March 2018 :  16:21:07  Show Profile  Reply with Quote
Welcome to the forum sophie.

I don't know why you'd have to give authorisation for this if both you and your trustee have been discharged.

My understanding of the potential reopening process is the same as yours.

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sophie
New Member

3 Posts

Posted - 12 March 2018 :  17:23:54  Show Profile  Reply with Quote
I don't understand how they can collect money if the trust deed is closed. This must be illegal as they can't distribute any money collected. As I'm no longer in the Trust deed I don't have to sign anything.
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TDA (Debt Adviser)
Trust Deed Expert



12472 Posts

Posted - 12 March 2018 :  17:30:57  Show Profile  Reply with Quote
I personally wouldn't use the word "illegal" sophie though I am somewhat confused by aspects of this.

I don't know what the intention is, but it all seems somewhat speculative in respect of the court case expected to take place later this year.

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