I think it's easy to spot strengths and flaws with the arguments/positions on either side of this subject tinsoldier.

Quite TDA.

Hi tinsoldier I hope that you don't mind me asking a question, how did you find going to court and representing yourself was it hard? I think that I am going to have to do this myself as I can't seem to find a solicitor to help me. I think that this is a new area for all of them and they don't seem to know what to do and say. Did you go to the Glasgow courts or where you outside Glasgow. It would help if I got the same sheriff I know that it would be unlikely but I can only hope.

Hi eileen

I've not been to court. I have a claims management company who will represent me. I hope it doesn't come to that, and the impending Court of Session case ( an appeal case where the judge has already ruled that a trust deed cannot be re-opened) gives us all a definitive answer on this whole saga.

Hi Eileen, I was at court last week representing myself and I thought it would be far worse than it was, the Sheriff was great with me, I'm assuming he could see how nervous I was and he focused on the trustees lawyer and let them speak. I was successful and the sheriff ruled that they could not reopen my trust deed but it looks like the trustee is set to appeal that decision so it seems never ending! However, having represented myself I do feel stronger and more able to do it again! I took a family member with me so you could also do the same if you feel you need the support. Good Luck.

Thanks too both of you replying. When I told my trustees about the ruling in the court of session they said that they will still open my trust deed and that the ruling was a grey area#128533;#128533;#128533;. Because of this reply I am more than determined to go to court and fight my corner. It just so happens that I received a letter in yesterday from a claims company and when I called them to get some advice they gave me a solicitors no to call because this company has over 150 clients in the same boat. The man that spoke to me was very nice and helpful (considering that they weren't going to have any business from me) and I am now just going to wait until I receive the court papers from my trustees and take it from there. I will keep you all informed on how I get on. Thanks again for replying.#9786;

I have been to court twice and each time represented myself. First time was very daunting second time not half as bad. I had to submit a letter stating my side of things in legal term and had to get a solicitor. Finally found one after trying many. I have to say his gut feeling is I will lose. I have to remain positive as I feel this money should be mine. I referred him to case in court of session due on 9th June he said it might not be decided then. However I got a pre proof on 1st June then a hearing on 4th July so I'm not giving up.

Nearly 11 weeks ago a sheriff ruled in my favour about my ppi and reopening of trust deed, 7 weeks ago my former trustee said they were appealing, I've been calling them asking for it in writing and been promised that I would but to no avail. I called the court today an was told they haven't appealed! They still have my Cheque and I believe they are possibly awaiting the outcome of the case this week but do they still have a right to be holding my Cheque when a judge ruled in my favour and they haven't even lodged an appeal?

Letter of complaint to bank, explain about Sherriff and ask them to cancel cheque and re issue money to you. All the best to you. Keep complaining.
donn55

Thanks Donna, I'm just really disappointed that I was lied to and it's taken me 7 weeks to see there's been no appeal all along! Thanks for the advice!

My hearing is not till 5th October seemingly to give time to have a decision on the case this week. Just a joke the whole thing.

I was told the outcome of it might not even be decided this week so does that still give them a right to hold on to a Cheque until it is decided? I believed once a court made a ruling that was it but obviously not, seems different rules apply to different companies. If they wanted my Cheque but it meant I didn't need to go on the insolvency register I would gladly forget the whole thing, it's just an on going saga that I'm sure we could all do without!

They still have my cheque and it is in a bank account now. I did ask the Sheriff if I was successful would they release the funds to which he said yes. I'm hoping this nitemare ends soon and a decision is made in our favour.

Gleith, Letter of complaint to bank explaining what the sheriff said.
My ex td has withdrawn because the bank cancelled it. If they have the funds they will go to court...
Please people keep fighting and complaining to anyone and everyone.
I have put posts up on PPI topic too.
Best of luck to you all.
donna55

I already wrote to the bank when I realised they had sent the cheques to my former trustee. They said it was something they were obliged to do. My next court date is October 5th and I suppose the Sheriff will make a decision pending a decision re the inner court of session.