Hi all.

Am getting very angry a dissolutioned by all of this now. 8 years this guy has been running my trust deed. This morning I receive a circular saying that he is now taking more fees from me for the period of July last year till November of last year. The fees for that period. . . . .

£2,953.50

13.20 hours of work it says. What has he been doing to come up with that amount of time? I know he had to send my files to the A in B but surely that did not merit that amount of time or money.

He also insists that he has the right to appeal the A in B determination and the costs of that appeal will be paid as directed by the courts.

I am beginning to think that he won't stop until there is no money left to pay back to me.

Any suggestions

Tony

Hi Tony

I think the only options are to get legal advice which will cost you or ask the AIB to get involved and voice your concerns that the Trustee is effectively going on a fishing expedition pursuing something that should they fail to achieve, then you will be left to pay the costs. If the AIB intend to defend their stance, then the court, as the Trustee says, should have the right to award the costs of the action against the Trustee.

Mark

Hi mark

I will be contacting the A in B again to ask their advice. Last time I contacted them they said that they themselves were seeking legal advice as they did not know where my trustee was getting his information from regarding this appeal

They also said I could complain to his regulating body the IPA. I wonder if you have guessed who my trustee is?

Tony

I suppose if you didn't laugh, you'd have to cry.

The Trustee raises an action to recover a reduced fee as determined by the AIB. On the face of it there are no grounds of appeal. He loses the action and is told to close the case and pay the dividend agreed by creditors. He then does his final circular for a final fee which includes work in the action to recover the previous fee. Oh! plus legal costs!

I could probably take a guess at the IP!

Mark

How on earth though can he feel its right to add on this additional almost 3,000 in fees on top of the 23,000 he was already trying to take?

Am just totally lost with his attitude which seems to be to make as much money for himself as possible.

To me he must have seen what was going to happen right at the beginning before I signed and must have been rubbing his hands in delight.

Sorry, just feeling very very angry at him.

Tony

Hi Tony

I can only sympathise and hope that the AIB or IPA can resolve this.

Mark

Just as a point here mark. Do I need to write a complaint to the trustee first or just send one straight to the IPA? The A in B seemed to think that just complaining to the IPA was OK and no need to contact trustee.

Tony

Hi Tony

You can write straight to the IPA and ask them to look into matters.

Mark

Thank you Mark.

Drafting the letter right now.

Tony

Hi all.

Time to give Mark a red face again. Thank you for your help in drafting the letter to the IPA.
Above and beyond the call of duty.

Tonyd

Hi tonyd

No problem at all. Red face these days is normally lack of exercise!!

Personally I think its an absolute disgrace the way this has been handled by the Trustee and would hope that the IPA and AIB show some teeth in dealing with this.

The Offer of Composition is very interesting as the Trustee has proposed an offer of composition in your case (which is now about 7 years old) which has been accepted by creditors, yet in a similar case I have it in writing that an offer of composition is not competent in a Trust Deed!! It appears to be one rule for one and one rule for another.

Good luck with this and let me know if you need any further help.

Regards

Mark

I meant to say, in both cases it is the same Trustee, same wording and same level of fees.

Mark

Tony D , I am the other party in this case . Let's see if we can work together to nail this rouge . Any letters from a certain firm in Dundee who do not understand trust deed law , but do as they are told by the Trustee ?. Why do we not request a meeting with this SOB , with the IPA , AIB and Ombudsman and Mark and ourselves and select media ? , and the Minster for Justice ??. Lets strike a blow , and stand up and be counted Deo Vindice , patmc . Keep the skeer on them .[;)]

Just a quick update here.

I have received an acknowledgement letter from the IPA/ Insolvency service and am expecting further from them in the next 15 working days.

As for the additional fees of almost £3,000 added between July and November last year whilst waiting for the A in B to audit the original £23,000 fees. The A in B have said they cannot offer an opinion on the additinal fees or any way of stopping them. However I can they say have them audited.

Feels like going around in circles and at the same time watching anything due to me disappearing into my trustee's pocket

Tonyd

It's hard to know what to say in terms of the fees tonyd.

I do hope that this is all brought to a fair conclusion for you soon.