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Overpayment

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(@pinalta)
Reputable Member
Joined: 13 years ago
Posts: 315
 

Stay Strong brother , I am with you but licking my wounds .[B)]


   
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(@tonyd)
Estimable Member
Joined: 12 years ago
Posts: 115
Topic starter  

I can stay strong Pinalta

We will both win in the end. I may sound simple here but I believe in the end justice will be done.

If you look at the A in B register its quite noticeable how many of this particular trustees clients still have trust deeds running from 2006 over 7 years old and of course ours over 8 years old. All of them still obviously earning him and his company fees!

Tonyd


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi tonyd

Well done. The issue came up fairly recently when the AIB issued statistics on cases, failure to close cases & failure to pay any dividend on an incredibly high percentage of cases.

Personally that's the information I would begin to take apart & examine. It's either an admin failure or something altogether different. Sad that it has to be someone in this position who has to highlight this rather than the overseeing governing bodies, creditors etc.

You're on the right track!

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@pinalta)
Reputable Member
Joined: 13 years ago
Posts: 315
 

Tony , please contact me via Mark I belive we are on the cusp and key contacts of mine are coming into play .


   
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(@tonyd)
Estimable Member
Joined: 12 years ago
Posts: 115
Topic starter  

Hi all,

Just a small update. I have received a letter back from the IPA stating that my complaints have been passed on to their Head of Regulatory Operations for review.

I am wondering how long my trustees " appeal" regarding fees will take. Am assuming he will be appealing through the sheriff court. Does anyone know how long this could take?.

Pinalta, I have tried to contact you through this sites email/ pm system but it appears not to be working correctly.

Tonyd


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi tonyd.

Members have the choice of allowing (or not allowing) other members to use the message system when they register.

It's also not an area of the site that, from a site management point of view, that we choose to monitor and maintain.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 16 years ago
Posts: 4798
 

Hi tonyd

It's hard to comment as there appears to be no right of appeal and therefore this is new ground. Normally, if these things followed some logical (Ha!) pattern, there would be a set time, but I'm guessing there will be no rush to do this.

Although I bet they have already taken the fee for the lower amount agreed by the AIB!

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@tonyd)
Estimable Member
Joined: 12 years ago
Posts: 115
Topic starter  

Hi TDA

I understand that totally.

Mark, I would not be at all surprised if he has already done that. Maybe even taken the extra £2900 fees he added on in his last circular that I got at the end of January. . . am still not sure if I should get the A in B to audit them!!

Heaven knows how much more has been added in fees since December ( end of his last accounting period)

Tonyd


   
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(@pinalta)
Reputable Member
Joined: 13 years ago
Posts: 315
 

TonyD , please contact Mark , he can give you my details . Question for the forum ....... is a offer of composition legally binding ? , and if so under what laws/ terms , and if not ditto . Get the AIB to audit his fees , I asked them to audit his fees from 2006 until the present .


   
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(@tonyd)
Estimable Member
Joined: 12 years ago
Posts: 115
Topic starter  

Hi Pinalta,

I did ask them to audit his fees back in July. In October they determined his fees should be reduced from almost £24,000 to just under £18,000 a 25% reduction.
He then spent 3 months seeking legal advise before deciding at the end of January that he was going to appeal the A in B determination despite the A in B not knowing of any appeal route for him.

Meanwhile he has added almost £3000 in fees for the period while the A in B looked into and reduced his original fees!

Frustrated

Tonyd


   
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(@tonyd)
Estimable Member
Joined: 12 years ago
Posts: 115
Topic starter  

Well what a surprise.

Five months after the Accountant in Bankruptcy issued her determination reducing my trustees fees by about 25% ( around £6000 ) and my trustee saying he was going to appeal the determination guess what. That's right he is now dropping the appeal!

Does not mean its over yet though. He has already added on more fees for the period while the A in B was auditing his fees between August and November last year, despite sending my a letter saying he could not forward the deed while it was being audited. Surely if you can't forward it you also can't charge nearly £3000 in fees for doing nothing?

Am also expecting him to have charged fees for the time while he has been deciding about this appeal. He was the one causing the delay and work. He can pay for it!

The IPA are also involved as I have made a complaint to them.

Tony


   
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(@pinalta)
Reputable Member
Joined: 13 years ago
Posts: 315
 

Well done Tony , will be very interesting to see what he does about my case , when he has clearly lied to me .


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

I'm pleased to hear that you're making some progress tonyd even if you haven't reached the finishing line just yet.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi Tony

Glad it's moved forward at least.

Be interesting to see the time charged against the case in the period of thinking about the appeal.

I think I might pick random trust deed cases we deal with and organise a group thinking session on them!

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@tonyd)
Estimable Member
Joined: 12 years ago
Posts: 115
Topic starter  

Yes Mark. . . I can see your company using " thinking time " to make money.NOT.

Will be interesting to see what he tries to charge. Like I have already said, he is trying to charge nearly £3000 for the time when the A in B had the case to audit. A time when he himself wrote to say he could do nothing to forward the deed whilst it was audited. No wonder his fees are high if he thinks its right to charge £3000 for doing nothing!

I await his final circular with interest.

Tonyd


   
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