Thank you for your help candlewick

Hi
I have just read your forum its been so helpful, think ive read it 20 times over.
I have just received a citation to go to my local court in April to open my trust deed to claim back PPI money I should have received, thought I would just loose it until reading this.
My trust deed was discharged in 2013.

Hi folks have been following this forum it is good and very informative I am also in same boat with pip calme from Clydesdale bank ant trust deed has told me they have not requested money as they are waiting on court of session hearing and then they will decide my biggest problem with td is they have already made big mistakes and made my td go on for over 10 years and I have received more than 4 discharge letters over a four year period and it's just a mess tbh . Does any one know how to start an E petition on government page not sure this could help in any way

Hi I am in the same position as many of you but my protected trust deed was discharged 8 years ago. How many years do you have to be out of your trust for the trustees not to go after you.? The difference with my trustees is that this is my 2nd check that they have received but they gave me the first check back because as I think that it was to small amount for them to bother about, it was only for £400 ( obviously not worth the hassle). My 2ndcheck is for £1300 (obviously worth the hassle) but I have informed them that I will go to court and with a lawyer. What I was wondering is that since they gave me the first check have they not set a precedent with me? I am hoping to fight my case on 1= the time since my discharge and 2= the precedent of them giving me the first check back. I was wondering if I could make a complaint to either icas or the financial ombudsman about bad advice that I received at the time I.e not being advised that I could try and reclaim back my PPI and therefore bringing my overall debts down to a more manageable amount and subsequently not having to remortgage my house and being left in a situation that I am now paying back substantially more than what I was in debt for. Thanks

Even £1300 wouldn't really be worth them going to court for. Have they advised you that this is the case?

No they are determined to go to court. I have assured them that I will fight this tooth and nail so I am hoping that they will see how determined I am to fight them that they might realise that this won't be an easy case for them. I am also going to complain to the ombudsmen. I mean 8 years how long do you have to be out if a trust for them to not go after you. What is really annoying me is that I will be put on the insolvency register again. You do your best to rebuild your credit and they put you on the register again and totally ruin what you have been trying to do. Iam not happy.

Hi eileen220958.

I'm afraid the Financial Ombudsman Service doesn't cover insolvency practitioners.

You could go to ICAS (assuming your ex trustee is a member) but I doubt they'll do much given that there's no legal certainty at the moment about who's really entitled to this money.

I can't see how your credit rating will be affected at all. No new entry will go on your credit file - you'll remain discharged.

If the only other issue is who gets the money - hopefully you and your advisers will prevail in court.

What gets me about this situation is that I did ask about PPI at the time and I was told that it wouldn't make any or little difference. PPI was just starting at that time so they really didn't know to much about it. When I went into my trust I remortgaged my home and gave them a lump sum of £14,000, my debts where only about £22,000 but I now pay £150 extra to my mortgage every month and over the 15 years that I have been paying my mortgage I will have paid back anextra £27,000 plus the £14,000 that I gave them. I really think that I was given bad advice from my trustees. And as I have asked before how far back can they go, it has been 8 years since I have been discharged. When will it ever end.

It can only apply to assets of yours when you signed your trust deed. That's the key issue regarding timing.

I understand that but what happens in say another 5 years something else crops up concerning the bank accounts can they go after that as well? It will be a constant battle with them. There has to be a cut of point at sometime surely. I thought that this was all behind me. I have spoken to other insolvency practitioners and they don't know anything about this so called new legislation both companies said that I should be receiving the money so what is now happening is that depending on which company you go with will determine if you get your money back. That isn't right surely

We don't know the rights and wrongs.

The legal system will have to determine that in due course.

Your thoughts about what is right are likely to be different to creditors and some trustees.

I understand that but what about my rights? I am now paying way over the amount that I was in debt for andi still think that I was given wrong advice at the time. What I am going to do now is try and find the cases that this trustee has taken to court and find out if any one has actually challenged them in court. If not that would be why they have won their case. If so I want to know why the judge awarded them their case and on what grounds. This so called new legislation is like at the start of the bank charges when the banks would be taking you to court but at the last minute they would settle. I don't think that these trustees want people to win at court because that would set a precedent and their gravy train would-be over. But I will fight them tooth and nail. I could see the point of it was for a lot of money but £1300 is nothing to what I have already paid back

I feel your pain Eileen220958.

The re-opening of trust deeds, or the potential to do so, is supposed to be for the benefit of creditors.

Of the £1300, when you take court fees, solicitors fees and of course trustee's fee into account, I doubt whether any creditors will see anything at all in your case. Of course I may be wrong, but its hard to see how re-opening a trust deed for this amount can be for the benefit of creditors.

It's certainly seems to be of benefit to someone though.

I totally agree with you I think that the only people that will benefit is the trustees, certainly not any creditors. I am going to go through all my papers tomorrow and see if the trustees discharged themselves and if so they have no right to apply again to be my trustees. I vaguely remember a letter saying that but I might just be clutching at straws. Here's hoping.

It seems that in cases where there is a certain amount then trustees do not see it fit to seek re-appointment. For instance, if it were £300 then nobody benefits as costs would outweigh fees, irrespective of creditor dividend.

£1300.....I would imagine there may be a fee for the trustee. I'm treading carefully here though.