Hi has anybody heard any news about the appeal to the supreme court from Mond, it just seem to be taking forever. Does anyone think that he might have been refused to appeal and he just isn't telling anyone?
Got told from mcginnes asc that it will be nearer the end of March or later before we here anything else
There's nothing on the Supreme Court website regarding Mond being denied permission to appeal. There is a separate page for this on their website but it's only updated to December 2016.
I called McGuiness yesterday about a letter I received from them regarding my trust deed and I had a long call with them and at no point did they mention the Mond case. They only mentioned that they have won a case and that if you have a financial windfall such as PPI compensation and you and your trustees have been discharged then that money is rightfully yours and that the Scottish courts have now confirmed this to be the case. I personally am getting really mixed up with all of this if the Scottish courts are saying that we should be getting our money why are we waiting for Monds appeal and why is it taking so long. ?
The Scottish court refused Mond the right to appeal to the Supreme Court but he can still appeal directly to them for permission to appeal the Scottish Court's judgement which went against him.
The SC website seems to indicate that he has 30 days to do this process from the day of the Scottish court verdict.
We don't know if he has done this but the SC website (up until December) has no record of him seeking permission to appeal. That's not to say he hasn't and is waiting for the decision.
Well said Eileen. This has gone on far too long.
What gets me about this sorry mess is that the whole of the Scottish court system is waiting on the actions of one man. That isn't right. Mond may never appeal and in the meantime we are all waiting on him to appeal. I am personally giving my trustees another 2 weeks and if I don't get my money back I am going to sue them and also the bank of Scotland for sending my cheque to the trustees in the first place. I have been out of my trust for 8 years and how dare they send the money to them and then refuse to deal with me. There has to be an end to all of this. Your trust should not be aloud to hang over your head for all eternity, there has to be an end to it all and all it takes is 1 judge to say that Mond is wrong and for them to overrule the him and then to start giving all of the people their money back. I personally would like someone to take me on so that I could take my trustees to court as I totally believe that I was missed sold my trust deed.
David Mond informed us that he is trying to have this case heard at the Supreme Court.
To say that everyone is waiting on him eileen220958 may well be a falsehood. Any delay could be for any number of reasons.
Please be careful what you write - you're personally accountable for it.
To say that people are waiting on him is true, I spoke to my trustees today and they gave the reason for me not getting my money back was because they are waiting for Mr Mond to appeal at the supreme court. So yes lots of people are waiting for him to appeal even the judges or am I misinterpreting what is getting said on this forum.
My trustee said exactly the same thing Eileen. I think it's fair to say that no one is going to court until the Supreme Court issue is settled unless a trustee or person connected e.g. you, pushes for it.
It's pure greed on some of the trustees part as for some of them saying its for the Benifit of the creditors it's only for there Benifit as they will probably take the majority of any ppi in fees would they still be chasing if they got told they cannot take fees for ppi ?
I totally agree with you turbobhoy, as far as I am concerned it is pure greed, my trustees told me that if the ruling went their way that they expect to then get any other payment paid to them. Unfortunately for my trustees there is no more payments to be had. Does anyone know what kind of timescale Mr Mond has to bring up his appeal to the supreme court or is there a timescale?
You ask the Supreme Court if you can take a case there. Then you wait for an answer.
We've had the greed argument before. Certain trustees might be open to that accusation, not least where they also have commercial interests in claims firms. There again, many people posting on this thread are equally open to that accusation, demanding money be paid to them when it all should have gone to their creditors if the wider process had worked properly. The site doesn't take a view on this by the way - but it's pointless pretending there aren't two sides to this greed argument.
So the greed argument gets you nowhere. It simply comes down to who's legally entitled to benefit from the funds, a legal position which isn't yet 100% certain.
Still, in the end, many of the people posting here may well enjoy some quite large sums of money being paid to them. I'm no expert, but if I had to bet on which way this would go my money would be with you right now.
What also gets me is that the majority of people entered into a PROTECTED trust deed which ensures that nobody can come after you for any more money when you where discharged from your trust so why is it any different for trustees to come after you. You have already been discharged from them and if it is a PROTECTED trust deed they shouldn't be allowed to open up your trust again. It is an inherently unfair position to be in
Eileen - I've argued these points on here a few times (as TDA will testify to) and I was lucky, after the latest CoS ruling back in July my ex-trustee decided to take a business decision and declare no interest in my funds, which they held onto for over 6 months.
I believe that ultimately the funds will come to you. I also believe your arguments are sound, but unfortunately the court process is a slow moving one and until all avenues are exhausted (and this is David Mond's last avenue he can go down legally), we won't get closure. I do understand your frustration though, but please remember the people who run this forum sympathise with you also.