quote:

---

Originally posted by tinsoldier
[br]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.

---

It's a big jump from £300 to £1300.

Let's work with some round figures, because that's easier! I'm not saying that the amounts I'm using bear any resemblance to real world costs.

Say it costs £300 to re-open the trust deed.

Say the Trustee's fees for re-opening the trust deed and distributing a dividend to creditors are £300.

If the PPI refund is £300 it's easy to see why the trustee wouldn't try to have the TD re-opened.

If the PPI refund is £600 you can argue that there is no benefit to the creditors in re-opening the TD

If the PPI refund is £1,300, you can see that there would be a benefit to the creditors in having the TD re-opened, as there would £700 to share between them.

Eileen's case is unusual, as she seems to have paid back more than she owed at the start of the TD.

Problem is, as regular readers of the forum will know, the 'total cost' of a TD is (Trustee's fees and costs + Total debt + interest). If there's enough money in the pot to cover that amount, then that's what has to be paid.

In your shoes Eileen, I wouldn't be trying to find information on other cases which your trustee has taken to court. There might not even be public reports of those cases, especially if the people involved didn't turn up to argue the toss.

I'd be looking through my TD paperwork to find the papers which showed how much debt I owed in the TD, how much money I paid into it, how much the trustee took, and how much the creditors got.

If those figures showed that I paid more to the TD than I actually owed, then I would use them to argue that it is disproportionate to re-open the trust deed for £1,300 when I have already paid more than I owed.

The argument gets less strong if you didn't pay the TD more than you owed but you have higher mortgage costs as a result of the TD.

At the end of the day, the Sheriff may decide that the (Total debt + Trustee's fees and costs + interest) equation wins out.

I wonder when the appeal will be heard at the Court of Session? The case that was awarded to the debtor?

It is going to the Inner court of session on the 9th June tinsoldier. I go back to court next week will be interesting to see if sheriff delays the case till this in June.

Cheers Gleith.

No too long then until hopefully this whole thing is decided one way or the other.

Let's hope you're right, tinsoldier

Hi just a small query, if you have had a previous payment and you have cashed it can the trustees go after that money?

Answered on the other thread where you asked the same question eileen220958.

Yes sorry I forgot where I had posted the question. Thanks anyway for answering me. #128564;#128564;#128564;

I do not think it's fair My td is wating on someone else's court case at the court of session to decide if that are going to apply to reopen mine it's only £16000 and speaking to them they do not care two much I have phoned ombudsman and accountancy and bankrupt and basics of the phone call is that td have more power and can do really what they think regardless of any one else I don't think I will ever see that money but I will fight to the end and complain as much as I can . I am also going to bombard all courts and td and any one else I can think of with letters of complaints would love to know how to start an e petition to get all of this discussed in parliament

Hi Dpk077.

As it stands, it's the Court that's going to decide on this.

It comes down to who, under the law, is due the money.

Both sides have perfectly good but incompatible arguments.

I'd think having it discussed in parliament (which I very much doubt it will be) is probably more likely to result in the decision going against what you're hoping for rather than the way you'd want it to.

It was the case that was awarded to the debtor tinsoldier. I have court on Wednesday will let you know how I get on.

Best of luck Gleith!

All the best Gleith. Did you manage to get yourself representation for the hearing?

Hi Gleith

I'm in the same position as yourself going to court tomorrow for the first time to stop my Trust deed being reopened, I have no representation, just advice from here and all my paperwork. My Trustee is holding £11,000 form PPI payments and my trust deed was discharged in 2014.

GOOD LUCK

Good luck to both of you.
Look forward to hearing how you both got on.