I'm not sure about that explanation tinsoldier.

How could a former trustee know that they wanted to hold onto a cheque and get reappointed until after they have received it?

This is when you need to speak with someone more senior about your case if you feel that the person you are speaking with isn't able to answer your questions.

It will take a couple of days for BDO to receive the cheque and then probably another couple of days for this to be processed and logged onto their system. They will probably have been closed over the weekend so nothing will have been processed then.

I would think they will receive it this week and be able to give you some feedback on it towards the end.

If BDO decide to be reappointed then I suspect they will hold onto the funds until they have been successful. The risk for them is if they send you the cheque you could spend the funds.

I would give BDO a chance to receive the cheque and then take a decision on what they are going to do. You could find they send the funds to you.

Thanks David

BDO know about the cheque because the Halifax infomred them

Anyone any idea if they move to be re-appointed how long the court process takes?

To be honest, the whole idea of trust deed being re-opened has got me really worried. This was over 4 years ago.

Hi tinsoldier,

Hopefully it was clear from the article I linked to earlier in the thread that your trust deed being reopened would not bring you back into a trust deed. You'd remain discharged at all times - it would just be your ex-trustee involved again.

I recognise that there is a also a huge sum of money involved - which is a different and obviously very significant consideration.

There is no clear guidance on this at though is there.

Some do, some don't, they might re-open they might not.

There should be hard and fast rules.

I'd feel exactly the same in your position tinsoldier.

The unfortunate reality is that these rules don't exist right now. It's a developing issue where the decisions made by the courts are likely to influence the future actions of other firms and their regulators.

We had a similar scenario and confusion develop before us here several years ago - when the first trustees started mounting PPI claims for their undischarged trust deed clients. Many thought that controversial then - but it has steadily became normal and understood over time.

Now, if someone were to challenge this new scenario in court and win...

My claims firm are going to do just that - and have said they had had success with other scenarios similar to this one?

Please don't think I'm having a "go" at the industry - far from it, as it has been of benefit to me when I was at my lowest ebb financially.

I just can't seem to comprehend how a trust deed can be re-opened when a trustee been in charge - surely the wording of a trustee discharge includes having no more vested interest in the clients affairs?

Also, the trustee remains in office to bring everything to a conclusion beyond a debtor's discharge on many occasions - it cannot be an infinite process surely?

Anyway, the cheque might come back to me it might not.

Sorry to keep on at this but found this in guidance online.

5.4 In a Trust Deed, if all the known assets have been realised, available funds have
been distributed and the Trust has terminated, the Trustee will have no locus to act.
5.5 Once a Trust has terminated, it cannot be revived.

There certainly seem to be a number of arguments to put before a court tinsoldier.

There is common ground with other forms of personal insolvency in the UK though. The AIB is doing this post sequestration in some circumstances, and it also happens post IVA and bankruptcy south of the border.

What I didn't like today was the attitude of the member of staff at BDO. He basically spoke to me like it was a formality getting the trustee re-appointed and the trust deed re-opened, saying "And you'll not get any cash". He was almost gloating.

There's clearly no justification to speak with people in any other way than professionally tinsoldier - even if there is a quite legitimate difference in opinion.

No, your are quite correct. To be honest he didn't day what position he held at BDO, not sure whether he was a trustee or IP though.

Another question is - what if a court desn't grand permission for the trustee to be re-appointed???

Presumably they'd be in no position to hold onto the payment.

I'd guess they'd return it to the company that issued it to decide what to do with the funds next.