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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25485
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My husband and i were in a trust deed wich was started in 2009

Resolved Question:

My husband and i were in a trust deed wich was started in 2009 we have made all payments and was under the impression that we had finished with it all.recently we were contacted about ppi saying we were due money which was due to loans taken out long before we started the trust deed, but the trust deed company are saying the ppi money is theirs is this legal?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. For the avoidance of doubt would I be correct to understand you are satisifed that the PPI payments you have been advised you are entitled to all relate to payments made either before or during your IVA please?
Customer: replied 2 years ago.

The ppi relates to loans that were taken out long before we started the trust deed.

Expert:  Joshua replied 2 years ago.
Thank you. Unfortunately in that case the funds do belong to the administrator of the IVA I fear even if the IVA has come to an end. This is because the PPI refund is clased as assets due to you inrespect of circumstances as they were when you entered into the IVA and/or were subject to it - i.e. you were entitled to those refunds before and during your IVA. They can therefore still be claimed by the administrator to pay towards creditors I fear. The situation is different if you were to now acquire new assets or won the lottery for example because these monies or assets would be acquired after the IVA has ended not on the basis of past circumstances that existed before or during the IVA. I am very sory not to be able to give you better news on the above. Have I been able to help you with all your questions on the above?
Customer: replied 2 years ago.

One more thing the trust deed company have my husbands name as andrew jake reid when its andrew jack reid is that legal

Expert:  Joshua replied 2 years ago.
That is clearly a mistake but it would not invalidate the arrangement on the basis that your husband accepts that the IVA / trust deed does relate to him and he accepted the terms at the time. It would be in thee circumstances a typographical error and nothing more. If you believe the error is causing some harm or loss to your husband you could require it to be corrected but if the IVA has ended (but for the potential claim against a PPI refund) it is probably not worth pursuing at this stage.Can I help you with anything else or has the above answered your questions satisfactorily?
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