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Topic starter
20/03/2014 8:58 pm
quote:
Originally posted by Mark McFadyen
To be honest, it doesn't seem to tie up.I assume the trust deed was signed after April 2008 and you were discharged in 2012. If this is the case and you received money after your discharge in 2012, then this should not come under the control of the trustee.
If you provide more information, we can hopefully assist.
Mark Hi Mark apart from other comments I have left the trustee has now asked me to write a letter to his office explaining why I should receive my inheritance.
Topic starter
20/03/2014 9:02 pm
quote:
Originally posted by Kevin Mapstone
Are you definitely discharged, 1681? It may be worth double checking on the Register of Insolvencies on the Accountant in Bankruptcy's website.
Hi again yes I recieved papers to say I was discharged and have had no contact with my trustee until last week. Once again PPI was mentioned as a problem but have never had any paperwork on this issue.
Topic starter
20/03/2014 9:26 pm
quote:
Originally posted by 1681
I have been discharged from my trust for a couple of years and last month my late father left me a sum of money in his will.I have just found out I have had the money taken from me due to my old trust deed.I'm just devasted and don't know what to do. I had every reason to expect this money would be paid out to me as my brothers and sisters have all received there cheques. Its not just the loss of funds but the shame which has just about pushed me over the edge.
20/03/2014 10:50 pm
In that case I'd suggest you speak to your trustee and demand that that they return these funds to you. if they will not then ask for their legal justification in writing as to how they can claim these funds given that you are discharged.
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20/03/2014 11:33 pm
Hi 1681
It's incredible that your trustee is asking you to define the law under which he has taken the money!
Advise him that the funds are acquirenda ie assets which are obtained after the date the trust deed was signed and advise that his entitlement to such funds are determined by Section 32(6) and that entitlement deals with assets acquired after the date of signing but BEFORE the date of discharge.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
21/03/2014 9:38 am
Hang in there mate , you are going to see Justice done .
Sorry to hear about the passing of your Father and I wish you well for the future , regarding the PPI did they try to claim this while the deed was still active or afterwards ?? .
Could have a guess at the firm/ trustee [:(!].
Topic starter
21/03/2014 10:21 am
quote:
Originally posted by pinalta
Hang in there mate , you are going to see Justice done .Sorry to hear about the passing of your Father and I wish you well for the future , regarding the PPI did they try to claim this while the deed was still active or afterwards ?? .
Could have a guess at the firm/ trustee [:(!].
Hi there yes lots of letters after the deed had ended re ppi-
21/03/2014 10:24 am
Hi 1681.
This may well be a total irrelevance to this thread, but did you (yourself) receive any PPI repayments during or after your trust deed.
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Topic starter
21/03/2014 10:03 pm
quote:
Originally posted by Trust Deed Assistant
Hi 1681.This may well be a total irrelevance to this thread, but did you (yourself) receive any PPI repayments during or after your trust deed.
Hi there no I have received no funds from any PPI.
Topic starter
21/03/2014 11:17 pm
quote:
Originally posted by pinalta
Hang in there mate , you are going to see Justice done .Sorry to hear about the passing of your Father and I wish you well for the future , regarding the PPI did they try to claim this while the deed was still active or afterwards ?? .
Could have a guess at the firm/ trustee [:(!].
yes you are right it is that firm
Topic starter
21/03/2014 11:45 pm
quote:
Originally posted by Firewalker
I would also ask:5. Who managed your Father's estate? (Executor)
6. Who decided that the money had to be taken from you?
7. To whom was the money sent/given? (Has that actually happened
yet?)I can imagine how upset you may be in these circumstances and I hope the experts here can help you in some way.
Hi the cheque was sent and made payable to the insolvency company.
They then sent the cheque back and asked for the cheque to be made payable to the trustee. Is that right
Topic starter
21/03/2014 11:51 pm
quote:
Originally posted by Trust Deed Assistant
Hi 1681.This may well be a total irrelevance to this thread, but did you (yourself) receive any PPI repayments during or after your trust deed.
I can't afford any legal assistance at this time it might be a lost cause.
22/03/2014 10:24 am
Hi 1681,
From the information you have given this is not a lost cause. The inheritance was not there until after you were discharged. Regardless of whether your trustee is still in office dealing with PPI, or anything else for that matter, you are discharged. He has no right or grounds to be involved with your inheritance.
Tonyd
22/03/2014 10:33 am
Can not see why you would have to fight it , looks like you hold all the Aces , there is the Scottish legal aid board who might be able to help you , and there is a legal advice clinic run by Edinburgh university which has Advocates etc offering advice you could try the CAB , who in some case can refer you directly to certain Advocates , let me know how you get on . you should also make a formal complaint to his regulatory body without delay .I can give you direct contact details , and you can contact me through Mark or the forum , DEO VINDICE !! .[8D]
22/03/2014 10:38 am
We had a similar thread here a couple of weeks ago (NikkijaneW09) of a trustee appearing to be interacting with money which he had no right to be involved with. We are still awaiting her reply on the thread as she was contacting her ex trustee about it.
Tonyd
