I have heard that about them tinsoldier - it was being asked what do I need it for - they will get a week and if I don't have it I will be back on the phone

Just a quick update on my previous post for your info, I spoke last week with begbies Traynor and told them they could indeed try and re-open my trust deed by applying to a sherif but if they did I wanted to be allowed to attend the court to tell my side of the story and how this would have an impact on me as a person (having been discharged) and finding myself back to square one on an insolvency register. I also told them I was raising a complaint against them as an insolvency practitioner with the insolvency service. All they said was that they were within their rights to do this! Yesterday a week later I received a letter with a cheque attached for £1468.04 advising me that they have decided not to pursue my case . Wonder why ?[:)]

I received a letter from AG Taggart & Co yesterday containing a copy of their application to be reappointed for £1402 and that I have 14 days to respond. Not having the finances available to employ a legal representative, can I write to the court? If so, I plan to enclose a copy of my original TD and refer them to the recent judgement to consider if this is relevant in my case. I may also ask if I could be present. Is there anything else I would need to do? Any advise appreciated!!

I received an application to reopen trust deed in court on 9th March. I would appreciate any advice as to what I can do

So this court judgement hasn't really had an affect at all?

I thought once a judge had made a ruling there would be some degree of clarity?

Hi tinsoldier.

People who lose court cases have the right of appeal.

A positive development as far as you're concerned, but part of a process towards clarity.

I'm aware of that TDA - I wonder how long they have to appeal the judgement?

I don't know the answer to that tinsoldier.

I'm led to believe the trustee concerned was considering it though.

I still haven't heard anything back from my previous trustee, think I will send a further email via complaints this week, with a time sensitive reply by date and if nothing begin court action. Again I wonder I we had ignored any requests from our trustees, would they be so lacking to take any action? Will keep u informed of progress.

Having read the above message about going to court to re-open the trust deed, I have never been advised of this action by my previous trustee, despite twice requesting information from them about this very issue, any advice about this action or the process out there?

Hi,

From what I understand you should be notified of the legal action and invited to lodge answers to the court. You should also be given the opportunity to take legal representation.

If you are emailing please make sure you are using the correct address for your Trustee.

Has your previous Trustee received PPI funds from a creditor Bert and told you what their intentions are? I'm sorry if you have already confirmed this but everything to do with PPI is beginning to merge into one and it's hard to keep track of everyone's particular set of circumstances.

I've emailed my trustee twice and had nothing back; you are correct Bert had you for instance missed a payment I'm sure you would have heard pronto.

Hi David, having contacted Lloyds today, I was informed a PPI payment was issued to my previous trustee in Oct 2015. I was discharged from a successful completion of my trust deed in 2011, I haven't heard anything about re- opening of my trust deed to gather these funds from PPI. To be honest, I think trustees don't have a clue( polite version) on how to deal with PPI after deeds have ended and are making a total pigs ear(polite version again) of it?

Hi,

Are you using a generic email address tinsoldier or one specific for your Trustee?

Have you spoken to your Trustee about the funds Bert? Have they confirmed that they physically have them/the cheque?

It's difficult when it comes to the whole issue of PPI and reopening Trust Deeds. I would agree that we are in limbo at the moment with no clear direction. Our firm are not looking to open up old Trust Deed's for PPI. It's as simple and clear as that for us. We were waiting on the outcome of the court case and now we have received the outcome there appear to be a difference of opinion and it now appears that the decision in this case may be appealed. If the outcome of that case made it clear that we should be reopening Trust Deed's and our regulatory body told us the same (as with the first wave of PPI) then we would be doing this. As it starts at the moment it's still too early to decide.

I think it needs more time to progress. If the decision by the sheriff is appealed and escalated to a higher court then this will give us the clear idea. If the regulatory body gives guidance on what will happen then that will also help.

I understand however that it's not idea for a client to have all this dragged up again and I can see why you have formed the view that you have regarding it.

Thanks for your prompt reply David, I can't confirm wether my previous trustee holds or cashed PPI payment, as they wont discuss this matter with me!!! But I find it a bloody disgrace this situation exists 5 years after the courts decided on the initial compliant. All I'm asking for is for the law to be applied fairly and equally in relation to this situation, but it looks like this will never happen. I firmly believe trustees, once they realised they could claim fees for the administration of these payments, were in too much of a rush to revisit the golden goose, they did so to the detriment of the creditors and trust deed holder? Maybe other will disagree with my views but all I hope for, is this situation to be resolved one way or the other for clarities sake. I have sent another email to my previous trustee Cleardebt, but don't hold out much hope as I think they are burying their heads in the sand in the hope we will go away. Good luck to anyone else in this situation.