Hi eileen220958,

Are you looking for someone that could take your case on for free or are you able to pay someone?

If it's for free then you could approach a Law Centre. There is Govan Law Centre and also Renfrewshire Law Centre which recently featured in the Daily Record for its work.

If you are looking to pay someone I would suggest using a Solicitor with a knowledge of Insolvency as this will help. The one thing that could pose a problem is a Solicitor with Insolvency experience might be conflicted to act as they may be working with the former Trustee or have worked with them in the past. Insolvency in Glasgow is a small circle unfortunately.

Do let us know how you get on.

I was hoping to get legal aid but I will try the law centres. I phoned my trustees yesterday and told them that the Scottish court of session had ruled that you cannot open discharged trusts and their reply was that it was still a grey area ? I cannot believe that they still want to go through with this so I will fight this to the bitter end. I am watching all the posts on this site and it is giving me more confidence to fight them. Thanks for replying to my question it is very helpful.

I'm sure there is also a law centre in Castlemilk and also maybe in Drumchapel. Presumably the different centres will deal with folk from different catchment areas.

I now have the number for a solicitor who already have over 150 clients in the same position as myself. I will continue to watch the posts and hopefully the court of session will go in our favour and they will have to give us our money. Fingers crossed.

Hope so Eileen I'm in same position.

Hi eileen220958,

That's a lot of clients who are in a similar position to you. I didn't think it was that many.

Hopefully the pending appeal to the court of session clears a lot of the uncertainty up.

Hi eileen220958,

That's a lot of clients who are in a similar position to you. I didn't think it was that many.

Hopefully the pending appeal to the court of session clears a lot of the uncertainty up.

Hopefully it will go in our favour. What gets me is that my trustees think that this is a grey area? I definitely now think that greed is at the back of all this. If it is such a grey area you would think that they would put everything on hold until after the new ruling whichever way it goes.

But the new ruling might not be 100% applicable to your case eileen220958 (either positively or negatively).

In which case linking that case to "greed" from your trustee might not help anyone?

Of course you're totally entitled to your view and to express it. I'm guessing that some trustees probably feel that some of their former clients are fighting this legal process for reasons of greed also. But they've been polite enough not to come on here and write that (so far!).

Before anyone jumps on that last statement I'm not taking sides - just pointing out that different people will view this very very differently.

It appears to come down only to a very dry legal argument to me - "who's due the money" under the law of the land?

Everything else, especially in terms of the alleged motivations involved, is a sideshow.

My trustees have already given me a cheque back because it was for a very small amount and it wasn't worth their time to reopen my trust for such a small amount but now I have a bigger cheque it is suddenly worth their while.they can't just pick and choose to what suits them. I will be fighting them on this fact that they have already set a precedent with giving me a cheque back and I still say that it is greed on their part. These trustees have got to put a time limit on these claims. 8 years down the line they still want to open up your trust, when will it ever stop. I have never had another loan,credit card and I have paid my mortgage faithfully and never got into debt again and now that I am trying to reduce my mortgage payments by trying to get a better deal they will put me back on the insolvency register for a measly £1,300 . this will impact on me to try and get a new mortgage. Enough is enough. It has to have a finishing time. I was under the understanding that if you had a protected trust NOBODY could come after you again for anything and that should also include the trustees especially if the have discharged them from your trust. So yes I still think that it is greed on their part and nobody will change my mind on that

They are trying to re-open for £1,300??

I could be wrong but I'm not sure that your credit rating will necessarily be affected by this, as you remain discharged from your trust deed throughout even if your trustee is reappointed. Let's hope not anyway.

HI Kevin

My concern would be if when the TD is 're-opened' it might automatically be entered on the AIB register if their system automatically works that way?

And also, if the system notifies the Credit Reference Agencies, will the system automatically notify them when the monthly update is run?

Two potential sources of a problem for mortgages.

I appreciate these are not facts - none of us know - but I know systems enough to know there is room for error unless someone thinks ahead and something is put in place with the AIB to ensure it is not registered again as a new Trust Deed.

I guess in this fact free environment, we will only know if someone's is re-opened and they check both the AIB register and their credit reference files a month later.

I know how I would be feeling if I thought there was any chance it would be re-registered as a TD.

Let's hope the concern is unfounded.

Sound points Firewalker.

I've posted previously about what I think can happen with this.