I accept that tinsoldier.

I certainly wouldn't welcome it either.

What now? Having read this judgement, my only question is, where does this leave us? Do we contact our previous trustee, to request any ppi funds be released to us or do we seek legal advice? Anyone help?

Exactly Bert.

I've been in limbo since 2/12/15 when the Halifax sent my cheque to BDO. I've 'phoned BDO twice and emailed them three times now. No replies to my emails and scant information on the telephone.

We were told that a debate before a judge would settle everything and we would all be clearer.....

I'm sure it will tinsoldier...

It occurs to me that if a cheque is sent to the Trustee and cannot be encashed, then if it takes time to decide if a judgement is applicable to each individual case, and times seems to run slowly in such debates, the cheque may run out of date ......... and that could open up a few scenarios.

Thank goodness I had no PPI. I don't envy those of you in limboland.

And I think it is very wrong that the Trust Deed should become visible in the AIB register again.

Perhaps the AIB could formally consider such situations as extraordinary and code them in a particular way that they are not shown in a general search if they have already been removed. After all this would not have been anticipated when the changes were put in place about registering Trust Deeds (Gazette and AIB).

The company I work for carry out many insolvency searches a day, as do many other search firms.

If an entry is in the insolvency register it should show the debtors discharge. But the mere fact it is showing again can lead to errors.

Very good point regarding the cheque Firewalker. Can a trustee answer that one for us?

I'm not a trustee, but I can still answer!

Banks suggest (to me at least) that they might not accept cheques older than six months. Then at the same time they say they might.

No firm line I think.

In practical terms, I don't think an individual or trustee would have a problem getting a cheque reissued if it had not been presented to their bank within a period the bank deemed to be acceptable.

Regards the insolvency register, my sense is also that it feels unfair. Unlikely to be in any way detrimental, but I'd be annoyed if it were me back on it anyway. Having said that, perhaps most people facing the prospect of having their cases reopened are already traceable via old Edinburgh Gazette entries anyway (which in the context of recent changes also feels unfair to me).

I don't think the status quo will change though, because creditors that might be owed money from a newly realised sum need a way of tracing who they need to present a claim to.

Tried calling the company who dealt with my trust and was totally fobbed off by them, any information requested must be put in writing as they are unwilling to discuss over the phone. It's amazing they can discuss anything else over the phone,when they can charge/receive fees for it, but when u want information the cold shoulder you ??

quote:

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Originally posted by Bert
[br]Tried calling the company who dealt with my trust and was totally fobbed off by them, any information requested must be put in writing as they are unwilling to discuss over the phone. It's amazing they can discuss anything else over the phone,when they can charge/receive fees for it, but when u want information they cold shoulder you ??

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I've emailed my ex-trustee 3 times Bert without as much as an acknowledgement.

I wonder back in 2010 for instance had I missed a payment on my trust deed would they have been as slow to get in touch?

quote:

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Originally posted by TDA (Debt Adviser)
[br] .............. Having said that, perhaps most people facing the prospect of having their cases reopened are already traceable via old Edinburgh Gazette entries anyway (which in the context of recent changes also feels unfair to me).

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I wrote to my MSP regarding this and received a prompt reply.......

'I have made enquiries with the Scottish Parliament independent research unit as to what would be required to amend the retention of existing information for 100 years.

It is a start [:)]

It certainly is Firewalker.

On the small number of occasions I've contacted an elected representative I've often been pleasantly surprised by the extent of their response and action.

I had contacted BDO yesterday as I am looking for a copy of my Trust Deed from a good few years ago and I was asked 'What do you need it for'

What a strange response I thought - surely you can request a copy if you have misplaced the original.

To be honest Teen40 you'd be better asking your living room wall, or bedroom carpet.

They are useless.