Nope not them, I'm sure a lot of the companies are singing from the same hymn sheet though!

Welcome to the forum AJ26.

To me, it doesn't feel right that a firm would try to persuade you against making your arguments in court if you want to.

They've exercised their right to take the matter to court. It's then up to you alone how you respond.

Agree TDA.

In fact might a sheriff take a dim view of such interference?

I was told that they could speak to the creditors and see if I could get some of the money and I would just need to write to the court to cancel my objection if that was the case. I then received a phone call 2 days later to ask if I considered what was said when I said I had my reservations and would rather go to court I was then told that all cases were won by them,

Hmmmm.

Suggesting a payment could follow in return for not making your case at court feels odd to me.

Of course there might be a perfectly reasonable explanation that we're unaware of.

Will you mention this in court?

That's why I'm wondering how much it would cost to go to court, is that the reason I'm being offered a payment? I was obviously only to receive this payment of the creditors agreed so that's not to say once I submit my letter to the court,claiming I no longer wish to object, that I would receive that payment!

It seems a small amount to go to court over. I was awarded £1840 by a former creditor, and it wasn't contested by my former trustee.

I know people might not believe me when I say it but getting the money back isn't my main priority, I just don't
Want to go back through this whole scenario of being placed back on an insolvency register regardless if it affects my credit rating or not, if there was a way to pay the creditors back without this process I would agree to it!! I feel like I'm being unwillingly put back in a position I don't want to be in and that's the reason I'll be attending court.

It's a "back door" option for the trustee, so to speak. Uncontested re-appointments have been approved by sheriffs.

Thinking about this for a while longer, I wonder if the provider is very genuinely suggesting you don't spend too much time and energy on this because they genuinely believe it's a foregone conclusion that they'll win. The offer of proposing to creditors that you keep a proportion of a payout might simply be them demonstrating some goodwill.

There again, they might want to avoid having to send a solicitor along and all of the cost involved in that. And maybe losing.

I wonder what would happen if you contested the reappointment, but gave an undertaking to the court that you'd give all or some of the funds to your former creditors yourself?

it makes sense what you are saying on all accounts, I just don't understand though why I should receive a pay out as such if the ultimate aim is ensuring the creditors receive what they deserve. Would court fees be taken off the £1690 as well as paying creditors or would the £1690 be solely used for repaying back assets? I would rather divide the cheque up between all creditors myself than receive a small payment with reappointment to be honest. The PPI was a recalculation from the bank that I didn't expect so Im definitely not relying on the money or going in with the mindset that I'll get it back. Thanks for your thoughts on the matter.

AJ26. My ex trustee applied for re-appointment a few weeks ago for £1400. When I received the letter, I emailed the IP to inform him of my intention to attend court as I was unhappy at the prospect of re-appearing on the insolvency register. I also requested that he send me a complete breakdown of where the money would go and who would get what. An hour later I was informed that they had changed their criteria for re-appointment and that my case was now outwith that criteria. They deducted a £58 court fee and paid me the balance. Food for thought maybe?

Thank you for your post tk333, I wonder what the criteria is then? I was informed today of a £58 court fee which I'm happy to pay if it comes to it. I will just need to see the outcome then, just makes me think if my PPI reward fits their "criteria"?

Hi tk333.

If I were you I'd be demanding that £58 back.

Why should you pay for a court fee that was incurred because of their decision?

Different firms will have different criteria AJ26.

If your trustee is successful they will deduct the court fee, their legal costs, and their own time costs, before any money goes to your former creditors.

You're suggesting you're prepared to hand over all of the money to your creditors if the trustee isn't reappointed.

That would be much better for your creditors and you'd get what you want. I wonder if the court might find that persuasive if you made it aware?

I really hope you do this and that you'll share the outcome with us.

You might also wish to inform your ex trustee in advance that this is your intention for when you're at court. I wonder if they'd pull out?