Hi Mark and Kevin.

Let's say that the trustee put more "time on the clock" than the total of the contributions made to the trust deed (zero dividend for creditors).

Could they pursue their client for this extra amount later? What I mean is, if the bank pays NikkiJaneW09 directly is there any possibility that the trustee could then present them with an invoice for the element of fees not covered by contributions?

Hi Nikki,

Just to clear something up here. Has the bank already paid the PPI refund to the trustee or have they paid it to you and now your ex trustee is saying you have to pay this money over to them?

Tonyd

Hi TDA

No, the Trustee's fee are limited by the contributions and assets. However the trustee's ability to fee against the case dies when he seeks and receives his discharge.

Mark

Hi all

again thanks for all your responses. This gives me something relatively solid to approach the trustee with.

Someone asked if I had the funds or if it had in fact been paid to the trustee. The bank have sent the cheques straight to the trustee.

Should I now send a written complaint to the trustee advising of the research I've done and the findings, or do you suggest I use another avenue??

Thanks

Hi Nikki

It may be best to pursue this on 2 levels. Firstly phone the Trustee and ask under what authority has he interacted with funds after his discharge as Trustee. Secondly, you should ask the bank to provide full details of when the cheque was cashed and into what account.

Mark

Hi NikkiJaneW09,

Just be blunt with your former Trustee and as Mark said ask them on what grounds they can retain the PPI money as they have been discharged. Give them a phone first of all and ask to speak with a Manager/Trustee to explain your concerns over the funds. I'd then suggest following this up in writing with them as you will then have a record and a formal response.

A little bit of me thinks that you've maybe spoken with someone a little less experienced and when a Manager/Trustee looks at this they will realise that they hold no authority to retain the funds to cover fees given the Trustee has been discharged.

Let us know how you get on as I'm interested to see what they say.

Bet I can guess the firm!

Thank you very much Mark and David. I'm off work tomorrow, so I will call them tomorrow and see what they have to say. I will then follow this up in writing.

Mark - I'd be interested to hear your thoughts on that, makes me wonder whether they've done it before.

I'm hoping I'm able to give you some good news!! 🙂

Thanks

Mark me to, Buzzby ring a bell ??

I will be interested in his answers as well.

Oh, and I don't need to guess

Tonyd

You'd be nuts if you had those initials!

Mark

Hi Nikki

Have you heard anything back from your trustee about this yet?

Tony