Hi Tonyd

The AIB will check and see if the fee is reasonable for the work carried out.

Mark

Good afternoon all,

Just an update on my trust deed situation.

yesterday I received an e-mail from my trustee informing me that the Accountant in Bankruptcy had completed her audit of my case and issued her determination.

However, my case is to remain open while my trustee takes legal advice regarding the A in B's determination.

Tony

Hi tonyd.

So it sounds like your trustee might not like this determination?

As you instructed the AIB can you get them to share with you what their determination was?

It sounds very much like that TDA. I don't know if the A in B will share what their determination is with me. Maybe I will receive a letter or e-mail from them in the next day or two.

It sounds like my trustee might not be happy though!!

Tony

This is the latest development. Can someone explain in simpler terms what it actually means?

Copied from email.

The A+B had examined the account of intromissions of *** **** for the period 10.11.05 to 18.7.13.

The accountant determines the trustee remuneration at 17963.25 exclusive of VAT. The accountants fee for the determination is 898.16.

^^^^^^
Just don't understand the wording.

Am I right in saying it looks like the a in b has reduced the trustee fee by about 25% (£6000) ?

Tony

Hello tonyd.

I'm not familiar with how this process works precisely but it does seem as though you might be right.

Hopefully one of our experts can comment...

Certainly looks that way tonyd

Good afternoon.

Well I have just received a circular from my trustee stating what the a in b determination is.

It also states that any appeal against the a in b determination has to be submitted to Edinburgh sheriff court no later than 14 days after the date of issue of the determination.

Lastly it states that my trustee is currently taking legal advice on the determination and on his right to appeal it.

Can one of the experts tell me if it is usual for the a in b to reduce the trustee fee by this amount ( about 25% ) and if they have had any experience of this situation.

It just feels like it is being dragged out for as long as possible by them at the minute.

Tony

Hello tonyd.

Hopefully none of our experts have any experience of this happening to their firms!

It's a substantial reduction. The AIB must feel that the value of the work done was substantially less than your trustee was initially trying to charge.

I think what I was meaning to ask was about the trustee appealing the a in b determination. I would not expect any of the experts who contribute to this site to have tried to overcharge their clients.

I received an e mail from the a in b today stating that as far as they are aware there is no appeal available to my trustee with regard to a determination of trustee fees.

Tony

It will be very interesting to hear how this plays out tonyd.

It sounds as though your trustee is determined to challenge this ruling if they can. Whether it's viable to do so, or makes commercial sense, is of course a different matter.

Any appeal, as such is normally covered by Section 53 which does not include the Trustee as having the right to appeal. No doubt their legal guys will be scouring miscellaneous sections of the act to try and come up with something!

Mark

Hi all.
Can anyone tell me if they would have a timescale for when they would have to make or try to make this appeal?
Sorry to keep asking these kind of questions but I could really do with this being sorted as I am currently unable to work having ruptured my achilees tendon.

Tony