The point is that the money was an asset at the point the policy was mis-sold. Which would have been before the trust deed, making it an asset available to creditors throughout the truat deed.
The fact the claim was made post-TD is irrelevant. Same as an inheritance.
This could open the flood gates and actually cause more harm than good. I don't wish you not to get the money on a personal level, however I do believe that what BoL is saying could be used as a lever should the bank not release the PPI repayment to you or your TD company and force you to test their hand in a court of law, or wait until you just drop your claim to the funds.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
Sam - if you are entitled to this money - then take it and enjoy it! I think now it would be harder to retain it during the IVA / Trust Deed but you have completed your term before they started to ask questions about any PPI.
Thanks guys, I cant say I dont feel a wee bit guilty taking the money when I did go into the trustdeed owing them but I rang the bank at the time I had difficulties, I had split from my partner and lost a big part of my income so needed some help. The bank, not only did they in the first place add ppi to my loan when they knew I was taking it out to enable me to go self employed, they also then said no to any sort of help even tho I had never missed a payment up to that point. So I guess I can handle the wee bit of guilt. Thanks again guys.xxxxxxx
Yes, Broke of London, you lose...! I remember tussling with you and others when you insisted that ppi are not for us to keep irrespective of when the cliam was made.I win.So just accept it.
I kept quiet till a KO test case could deliver the decisive verdict and it has...reassuringly.A glass of port is in order,for me![8D]
Last edited by nomoremoney on Tue Feb 21, 2012 9:51 pm, edited 1 time in total.
We all have different morals nomoremoney and if you feel entitled to a second bite of the pie then go for it. I don't actually lose anything...I would never sink to claiming PPI post iva so it doesn't affect me. Enjoy your port!
To be fair to nomoremoney,I have read this entired thread,and all he posted and clearly there are four people here that has been wrong footed by him. He said a testcase is needed and indeed the samantha case is 1 goal for him against the rest.The ball is in your court.......
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by nomoremoney
Yes, Broke of London, you lose...! I remember tussling with you and others when you insisted that ppi are not for us to keep irrespective of when the cliam was made.I win.So just accept it.
I kept quiet till a KO test case could deliver the decisive verdict and it has...reassuringly.A glass of port is in order,for me![8D]
Nomoremoney - I think your post comes across as a little bit rude to BOL. We are all entitled to our own opinions. I can see both sides on this one. No-one wins or loses in my view.
I've just seen this when searching for the same answers you were looking for and registered to this site to reply. I was discharged from my Trust Deed 03/11/11. I've made a claim against two credit cards which are quite small. I made a claim against my bank for 3 loans and am trying to get charges on account's back. I'm trying to claim back any PPI on the banks credit card but their not keen on even giving me any details about the PPI! I got my first offer of £85 from Capital One. They said that they were going to offset it against the debt of £300 that I owed them. I wrote back to them accepting their offer but refusing their method, and I am waiting on their reply. I am doing it all myself because I didn't want a claims handler taking anything. I was all about to give up on it all but your post has given me hope and I'll keep at it until they relent. I think a lot of people find it hard to see past the moral obligation of giving the money back to the debt. But we paid the money up to the date of default, took the smut that comes with being entwined and discharged from a trust deed. We didn't come off unscathed and if they sold us something we didn't need or want - they need to pay it back. We took the hit for getting into financial difficulty, why should they gain from mis-selling a product to us? I hope I'm as fortunate in my battle as you .
Don't forget to clean up your credit files. It's taken me ages and lots of letters but I'm all but two companies away from being able to re-build my credit and re-join normal society.
Good for you Melodyr - the banks have been found to be wrong to have mis-sold PPI and if this genuinely happened to you then you are doing nothing wrong in making your claim.
Good for you Melodyr. I am still waiting to hear from Gladstone, they have written to the bank by recorded delviery quoting the laws which state that the money is owed to me. I am sure they will take their time to pay up but let them as the longer they take the more interest they have to pay. I too wish I had just claimed myself but at the end of the day it probably would have stressed me out to the point that I may have given up on it. I may have to pay for the privilege but at least I am still going to get something. Good luck and keep in touch with how you get on. Sam xxxx
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