Cheers Kevin.

Would seem a real shame of Gleith couldn't get at the very least some free legal advice.

I have contacted CAB and handed all my documents in today eg Trust Deed, Offer from Bank of Scotland etc. The guy that is helping me has been great and is sending a letter to my trustee asap. He is pointing out a few things to him. I still have time to send my side of things to the sheriff. Thank you for ur kind comments. It did take a lot to go to court on my own, my best friend was on holiday and my girls were working, but I'm glad I did.

Well done Gleith.

Whatever the outcome, you will know you had the courage to fight for what you believe in.

I do hope very much the outcome goes your way and I am pleased you feel confident with the help of the CAB.

Thanks for keeping us up to date. Many people could benefit long term from your personal efforts

Hi Gleith

The recent Trustee v Douglas Davidson certainly makes for interesting reading and having read through this, the submissions by the Trustee's Council are obviously flawed. These appear to rely on acquirenda which ( generally)is the right for the Trustee to grab assets acquired after the date of appointment. His problem is that this right ceases after the Trustee's discharge.

It would be intersting to see your Trustee's argument, However if it was me, I would raise the following points:

If the Trustee is looking to be reappointed in terms of S.24 Directions of the Sheriff, this section is to seek the direction in the administration of the Trust Deed. The Trustee seeking his discharge is not an administrative error like sending out accounts late etc and the Trustee would be seeking to overturn his own decision in a matter where he has made a full and comprehensive statement to the creditors that you have fulfilled all obligations and he is satisfied that the Trust Deed's administration has been fully concluded and both you and indeed the Trustee can be discharged.

The Trustee's Note/Petition has to be predicated on the basis of his perceived rights in terms of S.32 of the Act that the PPI in question vests in him. This section states;

Any estate, wherever situated, whichÔÇö

(a) is acquired by the debtor on a relevant date; and

(b) would have vested in the permanent trustee if it had been part of the debtor's estate on the date of sequestration,

shall vest in the permanent trustee for the benefit of the creditors as at the date of acquisition;

However as stated above, this right ceases on the date the Trustee is dischsrged and therefore any Note to court is flawed.

Mark

Very informative post Mark, and a detailed (and far better written!) version of what I've been saying since December last year.

Hopefully any sheriffs now throw these requests for re-appointment where they belong.

Hi tinsoldier

I think Trustees are relying on the vagueness of S.24 which should never have been used for this purpose.

Mark

What is your gut feeling about the raft or proposed re-appointments Mark? Will they all have to go through the court process?

My main argument is that an uninterested party is holding onto £17,500 awarded to me almost 4 months ago.

I think the S.24 argument is flawed at best and would certainly argue the point. As you say, I have yet to understand how a Trustee can legally hold onto a cheque when they have been discharged. Of greater concern would be a Trustee banking the cheque when they have no locus to do so as this would surely be illegal whether there was a potential petition to court or not.

I think the S.24 is unsafe as a stand alone position and it can only be argued that on appointment, you would seek the PPI as acquirenda which you forfeit the right to after seeking discharge. I think the previous court action at the Court of Session, although being appealed, will go a long way to deciding the outcome of this.

Mark

The argument I got from BDO was that the Halifax had actually made the cheque payable to them. I would argue this puts the Halifax at fault for firstly making the cheque out to an uninterested party, and also sending it to them.

And what of the interest accruing as the funds still lie in the Halifax' bank account?

I shall be looking for this interest to be recovered along with compensation.

Spoke to someone at BDO today - they have only one trustee dealing with cases nowadays and he was out of the office.

Chap was nice and polite, but seemed to think that the Court of Session ruling was not binding in any way on sheriff courts, appeal or no appeal and each individual sheriff will rule whichever way they see fit.

I asked him on 6 separate occasions to justify holding onto funds which were, as it stood, not theirs to hold onto. He couldn't answer. Let's just say he's make a good politician.

Anyway, I'm off on holiday tomorrow for a fortnight. I hope I didn't upset anyone too much a couple of weeks back, not least you TDA. Things just got on top of me.

Not upset tinsoldier - just annoyed!

All forgotten now though.

Hope you have a great holiday.

Hi, does anyone know how much it costs the companies for a court hearing? I have wrote back to the court and ever since then the trust deed company have contacted me trying to persuade me to cancel my objection. My PPI reward was for £1690 and I was told the creditors would get "a few pence" in the pound so how much are the trust deed company going to walk away with after court fees and paying creditors? Is it worth their time?

Your trust deed company should be doing nothing of the sort AJ26.

I thought I would do the honourable thing and contact them, they have since contacted me back and asked if I still plan to go ahead with the court hearing and that every hearing they have had they have been successful.

Wouldn't be BDO by any chance?