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PPI payment and Trust Deed

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(@tinsoldier)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Best of luck DR. The first question I would love to hear answered is what authority a discharged trustee has to hold onto funds which as it stands are nothing to do with them.


   
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 AJ26
(@aj26)
Eminent Member
Joined: 9 years ago
Posts: 22
 

Good Luck to both of u, I'm at court next week, looks like a lot more people are standing up for themselves in court instead of allowing them to win easily!


   
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(@gleith)
Estimable Member
Joined: 9 years ago
Posts: 138
Topic starter  

No I don't have representation. I'm going myself. I can't afford representation. I feel I deserve this money so going to court to see if I can win.Will let you know how I get on. Good luck to everyone else.


   
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David Tannock
(@david-tannock)
Famed Member
Joined: 12 years ago
Posts: 2581
 

Good luck Gleith.

David is not currently posting in the Trust-Deed.co.uk forum


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

So... today could be very interesting.

Good luck to Gleith and duncanrhona - please let us know how you get on.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@gleith)
Estimable Member
Joined: 9 years ago
Posts: 138
Topic starter  

I have 21 days to get a legal letter written so I can portray my side of things. Then there is going to be a pre proof hearing on the 1st June and a hearing on the 4th July. The sheriff I feel was extremely sympathetic towards me. I just don't know how it is going to go but I'm not giving up.


   
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 AJ26
(@aj26)
Eminent Member
Joined: 9 years ago
Posts: 22
 

Well done Gleith it can't be easy for u!! Is it now going to cost you money to get a legal letter? My ppi is only for roughly 1700 so if the judge does the same with me next week
that means more legal fees for the trustee so how much money are my creditors actually going to receive then by the time this process is over!!?


   
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(@gleith)
Estimable Member
Joined: 9 years ago
Posts: 138
Topic starter  

I suppose it will cost me for letter but it something I need to do. I don't qualify for legal aid so will need to represent myself.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

I'm glad to hear you were treated sympathetically Gleith.

It's not the first time we've heard that this has happened from people who have attended court to represent themselves.

I've also previously heard the same sentiment directly from a Sheriff that I happen to know through a family connection.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

It's possible the appeal on the case that was in the Court of Session may have been decided by 4 July, Gleith, which would clarify the position somewhat. Whether that would be advantageous to you depends on how that decision goes I suppose.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@tinsoldier)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Received my letter from the Sheriff Officers today, which has been sent on to my representatives. I spoke to my representatives today also, and they are confident the court of appeal decision will go their way, which should set a precedent.


   
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(@duncanrhonahotmail-com)
Active Member
Joined: 9 years ago
Posts: 6
 

Hi folks

I didn't have much luck either, my case has been put back for a month so I can seek legal advice.
There was a lovely lady there from In Court Advice she is going to help me but looks like I need to get a solicitor.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Well done for getting up there duncanrhona, it can't have been easy. Maybe a solicitor might be willing to take it on as a no-win-no-fee arrangement? Or even better, there may be a Legal Assistance Office local to you that can help you for free..

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@gleith)
Estimable Member
Joined: 9 years ago
Posts: 138
Topic starter  

The case goes to the Inner House of court of session on June 9th seemingly


   
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(@gleith)
Estimable Member
Joined: 9 years ago
Posts: 138
Topic starter  

Well I have finally found a solicitor to compile a letter for the court stating my side of things so to speak. Pre proof hearing on 1st June with proof on ,4th July . I'm not giving up


   
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