PPI claim/trust deed issue

Quiggles5

Originally Posted by Quiggles5
Hi, if anyone can make head or tail of this please do so or advice as to what to do next. Thanks

I was In a Scottish Trust Deed up untill August this year when I received my discharge letter. I had written to Capital One ref a missold PPI claim. They wrote back asking me to send details to confirm that I had indeed been discharged from the TD and that the TD had no obligations or interests in any money made by myself from now on. They said they never received the letter but now I have just received this in the post and I cant understand a word....

Thank you for recently contacting us regarding the PPI on your account.

Since we last wrote to you we have taken advice from our Scottish solicitors and they have confirmed our understanding of matters. Their advice is thaty no refund is due to be paid either to you or to your Trustee. The reasons for that are as follows:

1. A debtor has no legal title or interest in a claim for ppi premiums to be refunded after Sequestration - only the Trustee can make such a claim. That is because the contract for the credit card was concluded and the ppi premiums were debited to the account before the date of the Sequestration. Any claim for a refund arises at the time the PPI premiums are debited to the account. Accordingly, you can now now compentently make such a claim.

2. A formal valuation of Capital Ones claim bye the Trustee amounts to an admission of that claim. It also amounts to a waiver of a claim for a refund of any PPI premiums. However that communication was sent before Sequestration. The Trustee subsequently formally valued our claim under the provisions of the Bankruptcy (Scotland) Act 1985 to include the charges. That amounts to an admission and waiver.

3. In any event we can set off any claim for a refund against our own debit balance on the account. The claim yo have purported to make arises, in law, from obligations that were created prior to sequestration - the contract for the credit card was concluded and the ppi premiums debited to the account before that date. It does not matter that the claim was not intimated (nor valued) untill after the date of Sequestration. As a result, our own claim can be sett off against it. we refer you to the case of Asphaltic Limestone Concrete Co V Glasgow Corporation 1907 S.C. 463. That case concered a company in liquidation but applies equally in this matter.

Financial regulations require me to advise you that tyhis is my final response in relations to this matter. However you now have the option to contact the FOS blah blah blah......


Can anyone help please?

magpiecottage

Please do not duplicate the same question - it wastes everybody's time