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Insolvency – Bankruptcy – Balancing of accounts in bankruptcy. Sheriff Court: In a commercial action in which the pursuer sued for payment of three liquid sums the defender had agreed to pay in settlement of three payment protection insurance (PPI) claims by the pursuer against it, and which the defender now refused to pay, arguing it was entitled to withhold payment of the liquid sums and to set them off against greater alleged indebtedness said to be due by the pursuer to it under loan contracts entered into many years earlier—in the period between the dates of the loan contracts and related PPI sales (in 1997 and 2003) and the dates of the PPI agreements (in 2014) the pursuer having become insolvent and granted a trust deed in favour of her creditors, the defender having submitted claims in the trust deed for payment of roughly the same aggregate indebtedness now founded upon by way of set‑off, the pursuer's trustee having adjudicated on those claims, the defender having received payment of dividends on the claims and, in 2012, the pursuer having been discharged from the trust deed—the court held that the defender was entitled to plead set-off by application of the principle of balancing of accounts in bankruptcy.
Insolvency – Bankruptcy – Balancing of accounts in bankruptcy. Sheriff Court: In a commercial action in which the pursuer sued for payment of three liquid sums the defender had agreed to pay in settlement of three payment protection insurance (PPI) claims by the pursuer against it, and which the defender now refused to pay, arguing it was entitled to withhold payment of the liquid sums and to set them off against greater alleged indebtedness said to be due by the pursuer to it under loan contracts entered into many years earlier—in the period between the dates of the loan contracts and related PPI sales (in 1997 and 2003) and the dates of the PPI agreements (in 2014) the pursuer having become insolvent and granted a trust deed in favour of her creditors, the defender having submitted claims in the trust deed for payment of roughly the same aggregate indebtedness now founded upon by way of set‑off, the pursuer's trustee having adjudicated on those claims, the defender having received payment of dividends on the claims and, in 2012, the pursuer having been discharged from the trust deed—the court held that the defender was entitled to plead set-off by application of the principle of balancing of accounts in bankruptcy.
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