My feeling is that the courts had no option but to grant re-appointments when there was no objections. Now that people are starting to fight their corner, I think it may be harder for trustees to justify re-appointment for modest amounts of PPI as the likelihood is creditors would receive very little by way of dividends. It will be very interesting following Gleith's case.

Thanks TDA. I did think about it for the same reason you state but just decided to bite the bullet and put the whole saga to bed.

Thank you for your advice I will share anymore information I have with the forum as soon as I know myself.

I agree tk333.

My former trustee told me today that every time they have applied for re-appointment they have been successful. I asked how many times objections had been raised and he quickly changed the subject.

Thanks and enjoy your holiday tinsoldier. I'm sure there will be some interesting posts for you to comment on when you get back.

I'm wondering if tinsoldier might keep half an eye on the forum while away?!

Every chance TDA lol!!

You never know...lol

Im a bit confused, am just wondering what part of insolvency law allows the debtor to recieve a "payment" from an insolvency company for not defending themselves against the same insolvency company in a court if law!

There must be a clause somewhere i would imagine....yes there must be something.

Maybe the experts can help.

Wouldn't think that this would have anything to do with insolvency law littlemo.

CAB received a letter back from trustee stating that it's in the hands of his lawyers. He referred to CAB comments re the now late Lord Jones decision on the case of Dooneen Ltd v David Mond which has been referred to the Inner House of the Court of Session on 9th June which will interesting to see the outcome. He also referred to the case of Alison Donnelly v RBS which took place on 11th February. Not sure what decision was although I presume would have been in banks favour if he has mentioned it.CAB basically can't do anything else for me and have suggested I seek a solicitor to draft a letter for the court outlining my side of things and the just appear in court on 20th April and hopefully the sheriff will make a decision in my favour. Next job is to contact a solicitor but with Easter will need to be next week. Fingers crossed. Determined to keep fighting.

quote:

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Originally posted by Gleith
[br]CAB received a letter back from trustee stating that it's in the hands of his lawyers. He referred to CAB comments re the now late Lord Jones decision on the case of Dooneen Ltd v David Mond which has been referred to the Inner House of the Court of Session on 9th June which will be interesting to see the outcome. He also referred to the case of Alison Donnelly v RBS which took place on 11th February. Not sure what decision was although I presume would have been in banks favour if he has mentioned it.CAB basically can't do anything else for me and have suggested I seek a solicitor to draft a letter for the court outlining my side of things and the just appear in court on 20th April and hopefully the sheriff will make a decision in my favour. Next job is to contact a solicitor but with Easter will need to be next week. Fingers crossed. Determined to keep fighting.

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Alison Donnelly case was found in favour of RBS, Alison had some loans from RBS which was included in original trust deed, when PPI was awarded after trust deed ended, the bank kept this as offset against the debt( even though successful completion of trust deed) judge ruled in favour of the bank in this case.

My loans were back in 1990's and long before I took out the trust deed. They were not included in trust deed cos they were paid off in full.

I can't answer any questions about what to say in court, or how to fill in court documents, or what to write to the court because I'm not legally trained.

But I'm pretty good at doing internet searches to find places where people might get further information and help! I know that I can't post links, but I hope that it's OK to mention some search terms.

The Scottish Courts and Tribunals Service has its own website. It covers the Sheriff Courts, the Court of Session - everything.

The website has six buttons at the top taking you to different parts of the site. If you hover the cursor over each of the buttons you'll get a list of different areas that are covered in that section. You won't see the full list when it first opens up - even the lists which open in 'widescreen'. Make sure you scroll down to see all the links.

The button named 'Taking Action' has a list of frequently asked questions - and lots of other stuff including Attending a Court. The button named Rules and Practice has Guidance Notes (scroll down to find them at the bottom right).

The guidance notes start of by giving you information about places you can go to for help. Local Law Centres have been mentioned a few times on here, and they're mentioned in the court guidance too. Turns out that they have an association - Scottish Association of Law Centres - and a website. The website looks a bit old but it does list a number of local law centres. If you give one of them a call they might have details of a more up to date website. They might even be able to help.

The court guidance also says that some Sheriff courts have In-Court advisers to turn to. It lists Aberdeen, Airdrie, Dundee, Edinburgh, Hamilton and Kilmarnock. Try calling one of them and asking if your local Sheriff court has an In court adviser. If you put the name of the court in the search box at the top of the Scottish Courts website, it will bring up a link to the contact details for the court.

It's always best to get legal advice if you can. If you can't, then hopefully some of the information in this post will give a bit of help.

If you do want to get a lawyer, the Law Society of Scotland also has its own website 😉