Hi Gleith

I just -one had noticed no-one had responded to your post and request for ideas. Perhaps those who could advise have not had the chance to read it yet - it was a bit short notice.

Sorry I cannot help. In the very simplistic of terms I might think he is asking you to provide information and copies to support any claims you are making, so the decision is made on fact and not emotion.

In the absence of anyone more knowledgeable at this late stage ....

I do not know what you are arguing or what you are presenting. Perhaps take your Form 5.

A copy of your Original Trust Deed highlighting anything that refers to your Trustee being discharged.

The Form 6 or anything that shows when the Trustee was discharged.

Has your bank / loan company writing to you? Is there anything in there that could help your case.

Another forum member I am fairly sure mentioned something about the authority the Loan company / bank had to issue the money to the Trustee when the Trustee was discharged. I got the impression that was an important part. So perhaps asking what authority the Bank had to issue the money to the Trustee, and what if anything the Trustee wrote to the bank/loan company to tell them to issue the cheque to the Trustee - and under what authority if they were discharged?

I think Kevin or David mentioned before it may hinge on the wording of the Trust Deed (sorry if I have mis-remembered), so as above, get a copy of the Trust Deed you signed originally and check for anything that might help.

I honestly have no idea - perhaps there is something here that will prompt you tomorrow.

Best of luck,

Thank you so much. I really do not know what they are after as they mentioned it would come down to what is law. I wasn't under the impression it was law yet. The Doneen case seemingly is at inner court of session on 12 or 13 July so it might be adjourned till then ? I do not know.

Hello Gleith.

I wondered whether you had any news to share following the hearing yesterday?

My apologies that I could not contribute anything in response to your post on Sunday. We're not legally qualified or regulated so it wouldn't really be appropriate (or useful) for us to offer help in respect of a legal procedure.

I have been wondering the same TDA. I hope it was a positive experience for Gleith.

I spoke to my claims management firm yesterday, and it seem a lot hinges on the CoS appeal case next Thursday (14th).

Why weren't you represented by them at Court tinsoldier?

The solicitors never put the objections in on time.

I've no idea if the ex-trustee was successful or not.

The trustee's solicitor asked for a sist pending the outcome of the inner court of session decision next week. The Sheriff asked if I agreed and I felt it was the best decision. I did however indicate I was aware of this case and my friend thought that the solicitor and indeed the Sheriff showed me the utmost respect. My hearing is now on the 5th October so fingers crossed.

Thanks for letting us know, Gleith - and well done again for going along and fighting your corner.

So now we wait with bated breath for the outcome of the appeal to the inner house - hopefully not for too long!

Hi folks, ex trustee has withdrawn from case as cheque was cancelled and re issued to my husband. Hats off to Clydesdale Bank for their help in this matter, their legal department deemed ex td had no right to the funds. They had possession of funds before going to court. I urge you all to complain to anyone and everyone. Wishing everyone the very best of luck.
donna55

Forgot to add.. it was a letter from ICAS that let us know about them withdrawing, as my husband complained to them about ex trustee.
donna55