Attended court today to represent myself on my objection to reopen my trust deed for a potential ยฃ1700 ppi claim, Im pleased to say the judge was amazing and Sympathetic with me on the fact this could potentially affect my credit rating when I'm trying to move on with my life and get my finances in order. The claim to reopen my trust deed was rejected and as it stands I will either await the return of my Cheque or wait and see if the trustee appeals this decision. If there's an appeal then so be it but I'm now glad I did decide to attend court instead of just accepting what the trustee planned to do. I wish everyone else in the same position the best of luck and will let you know what happens next!
Fantastic. Too many people too afraid to rock the boat!!
Paul
Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.
Brilliant stuff. The more and more people object, the more I think judges will get their eyes opened to the whole TD re-opening.
They should never have been going after ยฃ1700 anyway.
Congratulations and well done! Great result for you.
Interesting that they agreed with our concerns about it re-appearing as a current Trust Deed.
I hope the cash comes to you soon and you enjoy spending it!
I agree Firewalker - this seems to be dismissed by some as it "only" appearing on the register of insolvencies, and the debtor isn't "back" in a trust deed again. But I know through work that something appearing on the ROI can inhibit someone when it comes to applying for a mortgage or re-mortgage.
I really hope the Court of Session dismiss Cleardebt's appeal and sets a precedent which TD firms should follow.
I didn't even need to put my point across that it could affect my credit rating the Sheriff was the one who got the lawyer to admit that he wasn't sure if it came up on a credit report that it wouldn't affect my credit! I didn't believe I would get this outcome and would have been happy for the Cheque to be ripped up if it meant not being put back on the insolvency register but as I said i wouldn't be surprised instead of a Cheque being posted its a letter to say they plan to appeal! I will let the forum know either way though!
That is great news they need to decide one and for all what's to happen I have already been at court twice representing myself as cannot afford legal representation. I have 21 days to get a solicitor to write me a letter stating my side of the argument. I then go back for a ore proof hearing on June 1st and a hearing on 4th July. The sheriff seemed v sympathetic towards my case.
Very well done to you, this in my opinion should never be an option for ex Trustees, they get paid to administer a trust deed until completion only, and issue your form 5, if they continued with this debacle how long could folk be stuck in a trust deed????, it could literally be never ending,so glad folk who have stuck to their trust deed agreements and recieved their form 5s are now taking these companies on in court, and i look forward to reading about the reimbersements of funds to debtors from trust deed companies who have been so quick to cash the cheques of debtors in the past, happy days in my opinion:)
Hi AJ26,
Well done and a fantastic result for you and others who are I a similar position.
Let's wait and see if the Trustee appeals the decision. As Tinsoldier said I'm not sure why it ever ended up in court for ยฃ1,700. The cost of appeal I would assume would outweigh any benefit of recovery.
Keep us updated with any appeal that is lodged.
David is not currently posting in the Trust-Deed.co.uk forum
Kevin
There would be trustee's fees taken from the compensation had it been awarded. In this case of course, appeal notwithstanding, they have worked for nothing.
I think one interesting factor here is the emphasis on the potential impact on someone's credit record.
I can see why a judge or a solicitor might be uncertain on that point - it's not something they're likely to have much training or experience in.
There's probably some caution needed in terms of anyone choosing to make this argument in court however, as it seems to me that it's almost certainly not the case that a credit record would be affected at all.
None of this detracts from the great effort made by AJ26 however - more evidence that people need not be shy about presenting their position in court.
I'm not sure about a credit record TDA, but please believe me that the appearance of a live trust deed on the AIB can cause complications during a conveyancing transaction. I've seen it with my own eyes.
No worries TDA.
But the mere fact a trust deed appearing as live on the AIB - debtor not bound by it or not - can lead to complications surely renders this whole re-appointment process as flawed at best.
I hope the June hearing at the Court of Session clears things up once and for all, either way.