Cheers TDA

Again there is no rhyme nor reason!

Hopefully legislation is put in place before long to sort this issue out. I feel though it may harm the industry long term.

Legislation won't be put in place anytime soon regarding this however once there is a case argued by both parties before a sheriff there will be a legal case precedent which we can refer to.

I can't speak for BDO and what they are likely to do. They will need to take advice from a Solicitor and then decide what they will do.

According to the guy I spoke to on the 'phone yesterday it's a certainty and "you won't get yer cash".

Interesting?

http://blogs.lexisnexis.co.uk/randi/setting-a-precedent-for-ivas-and-ppi-refunds/

The controversy over PPI claims after IVAs is quite a lot further evolved than the comparable scenario in Scotland tinsoldier. Despite this, significant uncertainty remains south of the border and much seems to depend on individual contracts.

We're also talking about different debt solutions and different legal jurisdictions - as you're obviously well aware already.

So I'd agree that the subject is interesting (for both of us at least!) but I'm not sure whether making a comparison is potentially very useful for you.

Cheers TDA

Interestingly I got a cheque for nearly £1000 sent to me yesterday for another PPI claim, same bank.

Whole thing is somewhat confusing indeed!

Well, BDO confirmed today they received the funds (almost 2 weeks after the Halifax sent them on).

They indicated that it was almost certain they would petition the court to have my trust deed re-opened, but it hasn't even been before their legal team yet. When I opined that I may put my argument to the court, the chap at BDO offered that I'd be wasting my time.

To be honest I wish I hadn't bothered with this whole PPI thing. It has re-opened a lot of bad memories for me.

This is a pretty unethical road for trustees to be going down.

The ethics of this are certainly very complex tinsoldier, and likely to be viewed by different involved parties in different ways.

It's definitely regrettable that bad memories are being brought to the fore again however, for you and for other people who have written here about the same scenario.

It's going to be really interesting to see how a court reacts to counter-arguments (to a trustee's position seeking reappointment) as and when someone puts them forward and is prepared to share the outcome with us.

I will be putting counter-arguments forward, and I'll certainly share the outcome, although I'm led to believe there is an ongoing case at the moment similar to mine.

As far as the trust deed being re-opened, it will appear on the register of insolvencies again, surely inhibiting me when it comes to credit searches or re-mortgaging?

Any entry on the Register of Insolvencies will, as far as I understand, remain utterly clear that you have been discharged in the past tinsoldier.

I'm not sure how it would hold you back, but do understand the concern. For example, for anyone relatively recently discharged the trust deed would be on their credit file for some time going forwards anyhow. For someone discharged a long time ago, where it's no longer showing on their credit file, I cannot see why a trustee reappointment would lead to it being added to the credit file again.

Thanks TDA.

I feel that firms at the moment are taking for granted they will be re-appointed, and certainly that's the impression I got from speaking to BDO today.

Without taking sides tinsoldier, I wish you well with asserting your position clearly to the court and getting a fair hearing.

I won't be TDA - a third party legal team will be.

Of course, probably not until around April time.

Will you attend?

Maybe.

If I am allocated time off work, or reimbursed by the court. As you say, none of us has the luxury of working for nothing.