We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Scottish Trust Deed and claiming Bank Charges

Options
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.:)

Comments

  • pooch
    pooch Posts: 828 Forumite
    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:
  • dunstonh
    dunstonh Posts: 119,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    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.
  • pooch wrote: »
    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!!!
  • dunstonh wrote: »
    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.
  • pooch
    pooch Posts: 828 Forumite
    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 OP
    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. :)
  • pooch
    pooch Posts: 828 Forumite
    ...And for your information I paid any loan or credit card I have ever had over very many years with no problems whatsoever.
    ...
    ...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.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.