Hi jcod.

It's been a while, I hope you are well?

It's an interesting question that you ask as it bucks the trend of people using the forum for questions that they don't know the answer to (or at least are unsure about).

I'm not going to try to win the gold star, but my guess is that it's the company you mentioned on your last thread here?

Thats cheating, I already know the answer, I will give you a hint, Guidance notes AIB website and Bankruptcy Scotland act section 24 do you concur ????

Ermmm... I'm not really playing jcod. I did suspect you knew the answer though!

The other experts are free to join in if they choose to.

Are there any other experts who would care to concur on this matter ???

I would appreciate as much discussion as possible around this subject

oooooopppppppsssssss spelling mistake

Hi jcod.

I don't know if any of the experts will choose to contribute to this thread. Whether they do or do not you must remember that nothing in this forum constitutes legal advice upon which you should rely in court or otherwise.

If you prefer to avoid being sequestrated we'd strongly advise that you obtain your own legal advice as soon as possible.

Sorry. I never asked for legal advice I have thrown this out there for open discussion with professionals and the like, I have already got the legal side covered, OK heres another open question for the forum,

If a trustee quits, and there is no commisioner / commision in place to advise on the legitimacy of the said IP which is taking over as by deed of assumption does this also constitute to breaking the rules of the PTD ????

It's very late, and I'm not in the mood for games. Not this kind of game on a forum anyway! [:I]

What's your point, jcod? Your posting history is out there for people to identify the company you're talking about.

Do you think that your current trustee is acting illegally in some way? If so, why?

If not, that brings me back to the question 'What's your point?'

The whole point is, it is an absolute nightmare to get information regarding PTD`s from anyone as they either do not know or they are to scarred to speak up against the all powerful trustees, I asked for information and or open discussion many months ago and got exactly the above response talk to a lawyer, this is not legal advice, etc etc, no one is willing to give straight answers, yes the history is out there and for anyone following and having issues with the said trustee, i sympathise, i really do,if you are a professional you will already know the answer to your question/s above, as you can see no other IP`s have entered in to this link ??? i wonder why as it is an open forum, If anyone has been discharged by the said IP your paperwork may be worthless due to the legislation covering it before 2008, I would check with the governing body for him which is the ACCA,

Answers on a postcard come on professionals what do you think ???

I'm similarly not sure of the point. You mention the Bankruptcy (Scotland) Act S24 and the notes for guidance. These specifically deal with sequestrations.

At the time the trust deed was signed, the trustee required to be resident in Scotland, however on the resignation of the Trustee, I assume residency was not an issue and under the terms of the Trust Deed these rules did not apply. Therefore the existing Trustee, remembering that this is a personal appointment specific to the individual Trustte not the firm, can appoint another Trustee outwith Scotland.

Mark

Ok here goes, Banruptcy scotland act writen all over the PTD applies, guidance notes from AIB website last paragraph

section 1.4
1.4 Trustees under Protected Trust Deeds
The trustee must be a person who is qualified to act as an insolvency practitioner. Rules on the
insolvency practitioner are set out in Section 390 of the Insolvency Act 1986.
The trustee must not hold an interest opposed to the general interest of the debtor
The trustee does not have to be resident in Scotland for trust deeds granted after 1 April 2008.

Responce from AIB,

A Deed of Assumption can only appoint a Trustee resident outside Scotland to administer a Trust
signed after 1 April 2008.
Operational Policy & Compliance Executive Officer

As requested, I have attached links to legislation that details rules governing the
appointment of a trustee of a trust deed granted both before 1 April 2008 and after 1
April 2008.

1. At the time of granting your trust deed in 2006, Section 5(1) of Schedule 5 to The
Bankruptcy (Scotland) Act 1985 applied the conditions for getting your trust deed
protected.
(link removed)
2. Sections 5 - 13 of Schedule 5 to The Bankruptcy (Scotland) Act 1985 were
amended, with effect from 1 April 2008, by Section 20 of the Bankruptcy and
Diligence etc. (Scotland) Act 2007.
Section 7 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 repealed the
trustee's residence requirement, with effect from 1 April 2008.
(link removed)
3. The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 3,
Savings and Transitionals) Order 2008, brought into force the above Sections of the
Bankruptcy and Diligence etc. (Scotland) Act 2007, with effect from 1 April 2008.
Section 6 of the Bankruptcy and Diligence etc. (Scotland) Act 2007
(Commencement No. 3, Savings and Transitionals) Order 2008 details the condition
that the changes introduced from 1 April 2008, do not apply to trust deeds granted
prior to 1 April 2008.
(link removed)
4. The new rules governing trust deeds granted on or after 1 April, are recorded
in The Protected Trust Deeds (Scotland) Regulations 2008. The required
qualifications of the trustee are detailed under Regulation 5 of these Regulations.
(link removed)

Head of Compliance

Hi jcod.

Your first thread here was about a dispute over PPI payments, the nature of your contract in terms of your trust deed, and whether there is another party that could discharge you from your trust deed if your trustee would not.

This thread appears to be about the legitimacy of the appointment of your current trustee. It isn't clear why you are challenging the legitimacy of this.

What's apparent is that you have had a series of disputes with your trustee over quite a long period which seem now to be coming to the point of reckoning.

The technical nature of some of your arguments takes this thread out of the scope of this site. The site works on a "consumer" level trying to help people make good decisions, clear up misunderstandings, and to point people in the right direction to the appropriate people/organisations when things go wrong.

Your situation and needs are beyond this point it would seem. As is your right, you appear to have chosen to get into a technical and legal dispute with your trustee.

The technical and serious nature of this means that the help we think you need is of a professional legal nature rather than a general forum conversation or debate.

The whole point originaly was that the trustee was appointed a year after completion and then tried to claim PPI, and that the above should have kicked in before he was made trustee, it has taken nearly 2.5 years to get to this point whether it be technical or not (legislation governs), it seems that this may be new information that you and your learned colleagues may not have known, I would call this knowledge sharing, for everyone, and with the greatest of respect, there are probably people out there who have or are indeed in the same situation, a forum is for anyone and everyone to interact whether it is good or bad, please enjoy the new knowledge that has been shared openly as it may do some good for other people who do not have access to it, everyones point of view is much appreciated,

Hi Jcod

As you say, you have shared your knowledge for the benefit of others and should others find themselves in the same or a similar situation then others may come forward to contribute and add to your thread. Until that point I would say that you have 'done your duty' and put your points out there as guidance and information to others.

Good luck to you but I for one think that if you've not generated much debate with forum members so far then it may be time to cease your thead for now.