Trust Deed Hell!

blackgardenia

I wonder if anyone can help! My partner is in the final months of completing a Trust Deed here in Scotland. But the company dealing with it, Wilson Andrews, recently sent him a letter saying they want to claim back PPI from his creditors. Obviously they keep all the money. My partner can't say in all honesty that he was missold PPI, and infact can't even remember if he even had it at all. He's scared they will make him sign something fraudently saying he was missold it. And truth be told, he's not happy to let them have it anyway. Can they claim PPI without his permission or him signing a declaration saying he was missold it? Can they make him sign it regardless, or can they claim it anyway, even when he tells them he can't say in honesty he was missold it? He's told them he can't remember but they seem determined to plough ahead. I'm sure he must have SOME rights in this matter? Thanks to anyone who can help.

dunstonh

But the company dealing with it, Wilson Andrews, recently sent him a letter saying they want to claim back PPI from his creditors.
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My partner can't say in all honesty that he was missold PPI, and infact can't even remember if he even had it at all.

So, they are in effect asking your partner to commit fraud.

He's scared they will make him sign something fraudently saying he was missold it.

They cannot make him do that as it would be unlawful.

Can they claim PPI without his permission or him signing a declaration saying he was missold it?

No they cant.

Can they make him sign it regardless, or can they claim it anyway, even when he tells them he can't say in honesty he was missold it?

No they cant.

I'm sure he must have SOME rights in this matter?

Absolutely he does. Especially if the firm he complains about decides to take legal action against him for making a fraudulent complaint (unlikely but it does happen).

DebtCompanyInsider

Here's what Wilson Andrews say about why they need to investigate the potential that PPI claims might boost creditor returns (see last post): http://www.trust-deed.co.uk/forum/topic.asp?TOPIC_ID=2603
A trust deed provider would not normally keep the money, it's used to boost the amount returned to the creditors.
All trust deed providers are having to investigate the potential for claims as their regulatory bodies have instructed them to do so.
He has a duty to help with the investigation of whether PPI may have been missold, but that does not mean that he has to lie or misrepresent anything. Failing to help with the investigation may have negative consequences for the trust deed and therefore your partner.

[Deleted User]

Am I the only one that suspects a reluctance to assist the Trust Deed provider in a PPI complaint is really motivated by a desire on the part of the OP to claim the money himself at some stage in the future?

I'm not pointing the finger of accusation, but it seems to me far more likely than a genuine fear of fraudulent activity by Wilson Andrews!

I make no apologies for my cynicism.

DebtCompanyInsider

That may be the case in a minority of cases.

My experience is that some insolvency firms, and their appointed claims representatives, use forms of words in their communications with clients about PPI that make them fear they're being expected to facilitate the making of PPI claims that they don't think are genuine. This is a general comment and not specific to the company mentioned in this thread.

In terms of trust deeds and IVA cases, I'm sure a lot of the client suspicion and concern would be lifted if company representatives just picked up the phone to their clients and explained that their co-operation is required, but that they need provide only the truth in order that the claims firm can make an informed assessment.