Here is a reply to an email I sent to my ex trustees solicitor asking about the situation#8203; regarding the Supreme Court.

We know from the agents acting in that case that the unsuccessful former trustee, Mond, has applied to the Supreme Court for leave to appeal the decision of the Inner House. We are advised by the principal agents, Balfour & Manson, that the submissions in relation to leave to appeal have been completed and the decision of Court is awaited. That decision is expected to be issued within the next couple of months.

If leave to appeal is granted, then we would look at that stage to leave the sist in place pending the outcome of that appeal.
If leave to appeal is refused, then at that stage, we would expect that the Trustee would accept it is the end of the road and the application would fall at that stage to be dismissed and the monies held by the trustee would require to be made over to you.

I cannot advise much further until the Mond decision is confirmed.

here is a reply to an email I sent to my ex trustees solicitor asking about the situation regarding the Supreme Court.

We know from the agents acting in that case that the unsuccessful former trustee, Mond, has applied to the Supreme Court for leave to appeal the decision of the Inner House. We are advised by the principal agents, Balfour & Manson, that the submissions in relation to leave to appeal have been completed and the decision of Court is awaited. That decision is expected to be issued within the next couple of months.

If leave to appeal is granted, then we would look at that stage to leave the sist in place pending the outcome of that appeal.
If leave to appeal is refused, then at that stage, we would expect that the Trustee would accept it is the end of the road and the application would fall at that stage to be dismissed and the monies held by the trustee would require to be made over to you.

I cannot advise much further until the Mond decision is confirmed.

This is what we've believed (and written here) to be the case for some time now.

It's a slow process.

TDA - you will be aware of the recent (Feb) Sheriff Appeal Court decision to grant the AIB reappointment as a trustee in the sequestration case of Stephen re PPI payment from the Bank of Scotland?

The "concern" would now be that the Inner Court of Session will follow suit re their outcome by following this decision?

My former trustee communicated with me last week suggesting they may wish to apply for reappointment should the eventual final ruling be in the trustees "favour." Am I right in saying that they would be only limited to dealing with current and any outstanding PPI payments - they have been in receipt of a modest payment (£300) of which they are proposing to retain an exorbitant (I think) 35% cost/fee. I am also currently considering a mortgage as planning to move house - would the trustees have an interest in this should the TD be "reopened" or purely limited to the PPI "issues"?

Hi The Principal.

I'm no expert on the legal arguments being presented here, but my understanding is that the arguments being presented in respect of trust deeds may differ from some of those relevant to sequestrations.

I believe that any reappointment could only relate to assets that existed prior to your discharge from the trust deed (though as we often say, there's no legal advice presented here so seek your own if you're concerned about the position).

TDA thank you for your reply.

I note that my trustee has kept higher funds sent to them after discharge but are proposing to "return" the modest amount as noted above!

Whilst I appreciate there is a separate thread for PPI for the sake of continuity of this discussion are the trustees within their rights to retain such a high % portion of the payout on existing and probably any past PPI award?

Is it your trustee or the claims company appointed that is seeking to take a 35% fee?

TDA the Trustee has said it is their administration fee. Whilst I am not questioning their right to a fee I am surprised that the fee is as high as it is and question this level. By the way I am neither here nor there about me getting slightly more ££££ on a reduced trustee's fee - it is more the principle of it.

Edit to add:- I noticed from another previous PPI thread TDA that your advice to a poster that on the reappointment of a trustee to the Trust Deed it would be "the Trustee" and not the individual - are you saying that any future reappointment would not feature on the AIB's ROI? I am not sure what you meant by that.

Hi The Principal.

What I meant was that the trustee would, once again, be a party to the trust deed. Their former client would not.

So the trust deed would appear on the register of insolvencies again, but it would remain fully apparent that you have been discharged.

Hello everyone. I have been a follower of this forum for a number of years when I had a trust deed (ended 2014 after a total of 7 years)but never had cause to post until now. My wife also had a trust deed which ended at the same time and about a year ago had word of a couple of PPI payments that she was due from the Halifax and Barlaycard totalling about £2500. Unfortunately the payments were sent to her trustee and although she wrote to them to suggest as they were discharged they should no longer should have any interest in the funds she heard nothing back from them. However out of the blue today she received a letter from them stating that they were holding the £2500 awaiting the outcome of the Mond appeal but had not yet applied to be reappointed as trustee. They suggested that it would be towards the end of this year/next year before the Mond appeal had an outcome. However they said that they did not intend to keep the funds until that time but would take a 10% administration fee and return the balance to my wife to hold awaiting an outcome of the appeal. They suggest she should not spend the money as if the appeal Is successful they may be re-appointed in which case the money would need to be paid back. I have my own thoughts on this but would welcome any comments from experts or other forum members. Trustee was Begbies Thank you.

TDA thanks for your earlier answer.

If the Trustee was reappointed would it show on the ROI for 6 years?!

Also, any thoughts on the administration fee my Trustee would charge? The communication from the Trustee implies that the sum is payable with no negotiation. Having given this more thought surely if the payment is (currently) mine the payment should be returned to the bank and the bank should be authorised by the Trustee to reissue the cheque to me for full payment? I find it odd that a former client can suddenly be slapped with a charge which was not previously agreed on, what relation does this have to the payout and the Trustee is holding a "release fee" on a sum of money that is legally mine. I suspect the Trustee has no legal right to charge a fee on a sum of money that is not their's in the first place.

quote:

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Originally posted by The Principal
[br]TDA thanks for your earlier answer.

If the Trustee was reappointed would it show on the ROI for 6 years?!

Also, any thoughts on the administration fee my Trustee would charge? The communication from the Trustee implies that the sum is payable with no negotiation. Having given this more thought surely if the payment is (currently) mine the payment should be returned to the bank and the bank should be authorised by the Trustee to reissue the cheque to me for full payment? I find it odd that a former client can suddenly be slapped with a charge which was not previously agreed on, what relation does this have to the payout and the Trustee is holding a "release fee" on a sum of money that is legally mine. I suspect the Trustee has no legal right to charge a fee on a sum of money that is not their's in the first place.

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As I've said before, I don't understand why people aren't putting these questions to their former trustees or to the banks who gave the money to the former trustees.

You've told the forum how you see this situation. You've said "the payment is (currently) mine", "a sum of money that is legally mine", "money that is not theirs in the first place".

Put those arguments to your former trustee. Put them to the bank. Ask the bank why they gave "a sum of money that is legally" yours to someone else.

Some of the people who have posted on the many threads about PPI have said that they successfully challenged the banks for having given the funds to the former trustee.

Why not give it a go?

P.S. Why do you think it would show on the ROI for six years?

Hi The Principal.

No - it would show on the register of insolvencies for one year after your trustee was (again) discharged.

To you and to Poloman (welcome!) - it would be interesting to hear upon what basis your trustee(s) are proposing to charge a fee if they're discharged from the trust deed. Might be worth asking them.

TDA, thanks for your courteous answer. I will speak to them tomorrow or Monday and I will take it from there. Thanks again.

I think there's some good advice here from candlewick as well The Principal.

Maybe some additional points to raise when you call.