Quick update. We decided to attack the bank that sent BDO the cheque as seemed the quickest route to start. Formal complaint submitted asking to see what proof BDO supplied the bank they were entitled to the cheque, to discuss personal info etc etc. They tried to dodge it but we kept up the pressure and the bank demanded proof from BDO afternerous 'discrepancies'. The bank have now cancelled the cheque BDO have and are re issuing to my Dad, with an offer of compensation for the banks errors.

At the same time BDO have applied to court to appoint a new Trustee to start the process of ''gathering" assets to pay creditors,(original trustee has retired apparently) which is downright insulting to the courts as they'd already done this!

For anyone's info...the bank now has a spreadsheet of all the BDO cases like this as they have serious concerns at all the discrepancies, bank are very unhappy with BDO and have staff & their legal dept looking into all these.

Not sure if it helps anyone but it may help to tackle the bank that issued the cheque wrongly for now...I mean BDO only gave verbal authority to claim this one and couldn't provide more, hence a new cheque coming to my dad now.

I do not doubt BDO will let this go but in the meantime we are back in control. If I can help anyone with how this was done, will gladly. Hang in there folks.

Dipply

I would love to hear more....sounds like I am in the same situation as your Dad. When I spoke to the bank about why they issued a cheque in BDO's name they told me BDO had confirmed over the 'phone that the cheque should be made to them instead of me.

I actually got a letter from the bank saying this. Can I ask what bank we are talking about here?

Hi sorry for taking so long to reply, didn't know there was a post! It's Clydesdale Bank for my Dad...if it's the same for you then I'll get the number for the folk that dealt with the complaint and upheld in his favour. Happy to give you how he complained etc if it'll help! If he got a cheque back so can you am sure.

BDO have since applied to court to appoint a new trustee (his apparently retired) which he defended. It has now been put on hold until the court of session appeal is heard, BDO got the message he would fight them all the way.

I wonder how that would work for me as my td has instructed Clydesdale bank to hold money until this is sorted

quote:

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Originally posted by Dpk077
[br]I wonder how that would work for me as my td has instructed Clydesdale bank to hold money until this is sorted

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they are your extrustee, I would talk to the bank again, they have no reason to listen to your extrustee, keep at them and write a complaint to the bank. See what happens.

Bank notified today

quote:

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Originally posted by Dpk077
[br]Bank notified today

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Fingers crossed. keep me updated.
They have no right to hold onto your money.

Just to say (from this website's perspective) we don't know whether donna55's assertion that a trustee doesn't have the right to hold onto a PPI payment in relation to a former client is correct or not.

This is just for the benefit of those reading this thread - I'm not debating donna55's point or view about this. She may, or may not, turn out to be correct on this point.

quote:

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Originally posted by TDA (Debt Adviser)
[br]Just to say (from this website's perspective) we don't know whether donna55's assertion that a trustee doesn't have the right to hold onto a PPI payment in relation to a former client is correct or not.

This is just for the benefit of those reading this thread - I'm not debating donna55's point or view about this. She may, or may not, turn out to be correct on this point.

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It was the bank that found discrepencies with extrustee and cancelled the cheque. Letter of discharge also stated that trust deed was closed. I hope all of this is ended sooner than later for everyones sake. It is terrible having to deal with this again.

Be interesting to see if other banks follow suit with this particular firm.

Donna55 I put formal complaint into bank an they are suppose to be sending money to me now as my td is not in office and td had no rite having an interest in money if I am discharged I don't have money yet will wate and c what happens next I just wonder what may happen down the line if they can come back for it or not ? Not really fair all this

How did you go about complaining dpk077? And did the bank tell you in writing? Which bank?

Originally posted by Dpk077
DPK077. Should take a couple of weeks, bank will send you acceptance form again, sign and send back. Glad complaint worked for you. Clydesdale seem to be very good with this.

The million dollar question is can I spend the money if it arrives or wate and c the outcome of case in July or is it good to book a holiday enjoy the time the now as thay have unlawfully held that money back for months

Well that's a formal complaint sent to Halifax over my funds being sent to BDO. After repeated attempts to get them to tell me what documentation was provided by BDO to enable them to send on the PPI funds to them, I feel I have no choice.