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Scottish Trust Deed and claiming Bank Charges
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ScottyGirl5
Posts: 3 Newbie
I entered into a Scottish Trust deed in 2005 and paid it over 4 years, due to stupidly having a number of Credit Cards and running them all up to their limits and then not being able to manage the payments. Would I be able to claim back my charges on these cards and also the PPI that was on them? Or would the money go to the Creditors. Thanks in anticipation.:)
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ScottyGirl5 wrote: »I entered into a Scottish Trust deed in 2005 and paid it over 4 years, due to stupidly having a number of Credit Cards and running them all up to their limits and then not being able to manage the payments. Would I be able to claim back my charges on these cards and also the PPI that was on them? Or would the money go to the Creditors. Thanks in anticipation.:)
What makes you think you would be entitled to a refund of any charges?
Especially if you haven't actually paid them in the first place?
:huh:0 -
There is some debate on whether you would get the money. In England and Wales you wouldnt. It would go to the official receiver to pay to your creditors. In Scotland, the rules are different and some seem to think that you would get the money. There is nothing published to verify it one way or the other (for Scotland). Those that say you can get the money tend to be claims companies. However, a read of some of the Trust Deed sites tends to give a more vague response suggesting you may be entitled but blaming the bank if you dont get it and if they refuse to pay there is little you can do about it. That suggests they are entitled as if these sites can point to a law or regulation that tells the firm to refund then it indicate they are not in the wrong if they choose to use the redress against the write off.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0
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What makes you think you would be entitled to a refund of any charges?
Especially if you haven't actually paid them in the first place?
:huh:
I only asked the question because someone told me I could claim them back and I didn't think I could, so I thought I would ask on this forum.
I did think this site was for people to offer constructive advice, not to add nasty comments to someone's post whom you know nothing about their circumstances or why they had to go down a particular route!!!!!
And for your information I paid any loan or credit card I have ever had over very many years with no problems whatsoever.
Sorry if me asking a question offended you!!!0 -
There is some debate on whether you would get the money. In England and Wales you wouldnt. It would go to the official receiver to pay to your creditors. In Scotland, the rules are different and some seem to think that you would get the money. There is nothing published to verify it one way or the other (for Scotland). Those that say you can get the money tend to be claims companies. However, a read of some of the Trust Deed sites tends to give a more vague response suggesting you may be entitled but blaming the bank if you dont get it and if they refuse to pay there is little you can do about it. That suggests they are entitled as if these sites can point to a law or regulation that tells the firm to refund then it indicate they are not in the wrong if they choose to use the redress against the write off.
Thanks Dunstonh,
To be honest I didn't think I would get anything but was told by a third party I could, although to be honest they had no evidence of anyone who had!
I have no intention of blaming the banks as at the end of the day it was due to my circumstances that I eventually could not make the payments and had to go down this route.
I appreciate your helpful advice.0 -
ScottyGirl5 wrote: »I only asked the question because someone told me I could claim them back and I didn't think I could, so I thought I would ask on this forum.
I did think this site was for people to offer constructive advice, not to add nasty comments to someone's post whom you know nothing about their circumstances or why they had to go down a particular route!!!!!
And for your information I paid any loan or credit card I have ever had over very many years with no problems whatsoever.
Sorry if me asking a question offended you!!!
No offence taken by your question.:)
I'm not sure why you appear to have taken offence at my question though :huh:
I can only go on the information you proved, and to fill in the gaps, sometimes it's necessary to ask further questions to give an accurate response.
For example, I'm now a little confused by your claim that you have paid all your credit cards and loans off without any problem, when that does not appear to be the case based on your OPScottyGirl5 wrote: »I entered into a Scottish Trust deed in 2005 and paid it over 4 years, due to stupidly having a number of Credit Cards and running them all up to their limits and then not being able to manage the payments. Would I be able to claim back my charges on these cards and also the PPI that was on them? Or would the money go to the Creditors. Thanks in anticipation.:)
Care to elaborate further please? What exactly is the Scottish Trust deed you entered into, and why did you think that was the right thing to do? What creditors do you have if you have paid off all credit cards and loans?
Sorry for asking more questions, but as you correctly say, without knowing anything about you, this information really is needed to provide you with appropriate advice.0 -
ScottyGirl5 wrote: »...And for your information I paid any loan or credit card I have ever had over very many years with no problems whatsoever.
...ScottyGirl5 wrote: »...I eventually could not make the payments and had to go down this route....
:huh: :huh: :huh:
Well I'm confused as hell.
How you conducted your financial affairs in the past is irrelevent. If you didn't make payments, then you didn't pay the PPI so how can you realistically expect anyone to give you back something you have not yet paid?
And back to my first question.
What makes you think you are entitled to reclaim your PPI at all?
I know you said some someone who remains unknown to me informed you you could. Did they explain on what grounds?
Just because you may have had PPI charges applied does not automatically give you a right to reclaim it.0
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