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Topic starter
31/12/2011 2:22 pm
Hi There
I'm new to this forum so apologies if this has been asked before.
I have PTD however a Small Claim was raised on me and I fully intended to defend it, as I'm entitled to do.
However the pursuer has now discovered I have a Trust Deed and has decided to submit his claim to my Trustee.
Despite there being no credit agreement between myself and the pursuer my Trustee has said he will consider their claim at the end of my Trust Deed period. By saying this it means the Small Claim will go into cold storage for 3years as the pursuer will obviously not ask for a dismissal of the Small Claim as it would probably cost them money, IE: to cover my expenses paid so far in planning my defence.
Surely without a credit agreement it's unfair on the other creditors that he look in to this claim, as he's indictaed it will use up the majority of the money that would be in the pot to pay the other creditors.
I can't go into details on here about it but if a Trust Deed Expert was kind enough and willing to PM me I could discuss the situation more fully with them.
Thanks in advance.
31/12/2011 2:33 pm
Hi seanyboy
There are a couple of points here. The pursuer has agreed to submit a claim in the Trust Deed, so legally the matter is dead. Your Trustee has a legal obligation to adjudicate on all claims and accept or reject these. If rejected, the pursuer would need to raise an action against the Trustee to overturn the decision. However they could not pursue you after the 3 years.
Mark
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Topic starter
31/12/2011 2:39 pm
Thanks Mark.
That's very interesting to know with regards the legal side.
Topic starter
31/12/2011 3:45 pm
So effectively if The Trustee says they don't have a valid claim, I can them recall the case / sist and ask the Sheriff to dismiss in my favour with costs?? If I'm interpreting correctly The Trustee effectively takes the role of the Sheriff so if he says the claim isn't valid the Sheriff can't dismiss in their favour as they've proven nothing.
31/12/2011 3:52 pm
Hi Seany Boy.
I'm not sure of the answer here, Mark may be able to expand when he next visits the forum.
You should remember that this forum is based upon debt advice rather than legal advice. We would advise clarifying the legal position with a suitably qualified person before making any final decisions.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
31/12/2011 3:57 pm
Hi TDA
For sure I would, it was just in case someone knew that had been in that position, which i suppose is quite unique.
Happy New Year to you and to all the other folk that visit this forum.
01/01/2012 4:07 pm
Hi Seany Boy
Creditors have to complete a claim form and submit proof of the claim in order for the Trustee to adjudicate on any claims. You say theer is no agreement re the debt..is there any proof of this debt at all?
Shona is not currently posting in the Trust-Deed.co.uk forum.
04/01/2012 11:13 am
Any decision the trustee makes regarding the validity or otherwise of the claim in question can be appealed by either yourself or the claimant, Seany Boy - if so then a sheriff would have the final say.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
