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Supreme court appeal

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(@eileen220958)
Eminent Member
Joined: 9 years ago
Posts: 39
 

I am hoping that by the end of next week my trustees will release my check by that time they will have had it for 10 months really enough is enough but we will wait and see. I understand that the people who run this forum must get frustrated as well when everyone is asking the same questions and if I have upset anyone that certainly was not my intention I totally appreciate all the help that I have had on this forum and if it wasn't for the forum I would have been totally lost, so thank you all.


   
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(@gscullion1977)
Eminent Member
Joined: 9 years ago
Posts: 27
Topic starter  

Hi all ! Eileen my trustee company have had my cheque for over a year now my trust deed was over 10 yrs old ! I've been to court 3 times the last in may ! I've spent with years fighting clydesdale bank myself for the 8 different ppi claims I won and now over a year fighting a company I originally paid and stupidly thought were on my side ! The talk about GREED is unreal the company I am referring to basically told me a year ago to dry my eyes and accept what was happening to me ! I don't know about all u but £14000 is more or less an absolute God sent to someone like me ! And even though I feel like I'm wishing my life away on this ! As a matter of principle they get a call from me every second Friday for an update ! And I hope for u all a happy ending GS


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

GS - my ex-trustee firm told me the same kind of thing this time last year. I took great delight in 'phoning the chap that old me after I had banked my funds, believe me.


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

Thank u tinsoldier and Eileen for comments. I have been to court 6 times and my trustee has had my cheque since Jan 2016. I cannot wait for closure.


   
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(@littlemo)
Estimable Member
Joined: 11 years ago
Posts: 102
 

Not long until Miss-sold Scottish Trust-Deed claims start pouring in, just as I've always said would happen:)....my view only:)


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

Hi littlemo.

If you've got something useful to add to a topic then we'd welcome it.

If you want to continue to add your unsubstantiated rants to the forum then you won't be able to post here any more.

You've been given opportunities to substantiate some of your more controversial thoughts on a number of occasions and you're never able to offer anything useful. Saying something controversial and only being able to justify it on the basis of 'it's my opinion' isn't going to cut it any more. You're diminishing the forum for everyone else.

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


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

What would a claim for a miss-sold Trust Deed amount to really? In cases of PPI there was a sound argument that you didn't really know what you were signing up for, and of course financial compensation was the correct course of action.

A trust deed is a totally different thing altogether. I can perhaps see if someone was pressured into taking one without being taken through other options (DMP, DAS etc) but even then it has still been a mechanism to rid an individual of debt.


   
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(@eileen220958)
Eminent Member
Joined: 9 years ago
Posts: 39
 

Hi tinsoldier the reason I would like to go down the route of a missold trust deed is that after everything that is paid I will have overpaid by about £25,000. The reason being that I only owed about £20,000 and I remortgaged my home and I paid back £14,000, with the remortgage I will eventually pay back about £26,000 over and above the £14,000 that I paid to my trust and now they want to open my trust again for the measly sum of £1,339. I am sure that you can understand my frustration with my trustees. At the time of my trust I didn't know if I was coming or going, trying to work full-time, bring up 3 kids on my own and a very sick mother who I was also looking after. Horrible times all in. I should have looked at how long I was taking out my mortgage at that time but when you have so much going on it is very hard to be level headed about everything. I totally hate the idea of my trust deed at no time did anyone say to me I.e look at how much you are paying back over the term of your mortgage. Is it worth it and I would have said no.


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

They want to reopen your TD for £1,339??

No wonder you are annoyed.


   
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(@eileen220958)
Eminent Member
Joined: 9 years ago
Posts: 39
 

Hi tinsoldier that's not the best of it, last year they had a cheque for £600 and they gave me the cheque back, obviously not enough money for them to bother with. They then get a cheque for £1339 and they decide to keep it and I was told by them that I might get more refunds so they are keeping the cheque. Guess what no more cheques in 10 months so I don't see me getting any more. As I keep saying it is nothing but greed from them. I should be getting a call nearer the end of the week from the trustees and we will see if I am to get my check. Fingers crossed.


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

Separate case, but there has been legal action underway in respect of PPI and completed IVAs. An IVA is in some ways similar to a trust deed and is available elsewhere in the UK.

The case is 'Green vs Wright' and there's plenty written about it online if you want to read more.

Depending upon particular wording of an IVA, The Court of Appeal has today effectively ruled that PPI payments made after the completion of an IVA will go to the insolvency practitioner to be distributed to the (former) creditors.

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


   
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 Bert
(@bert)
Eminent Member
Joined: 10 years ago
Posts: 33
 

Having read the writings on this subject, I think it comes down to how your contract is worded, in relation to ending both you and your trustee obligations and those of the creditors? Trying to work thru the endless writings of Wright v green and Mond v Donnelly it seems the word "final" plays an important part in the treatment of such PPI claims, please don't just accept my view on this as I'm not experienced in practical law relating to this, it's just my understanding of what's been written, knowing our luck, this case will possibly end up at the Supreme Court?


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

That seems to be a big factor Bert.

The thing that catches my eye is that, in terms of trust deeds and IVAs, different courts keep coming to a different view of what the answer should be.

To me that signifies just how complex all of this is and how both sides of the argument seem to be able to make a very good case.

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


   
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 Bert
(@bert)
Eminent Member
Joined: 10 years ago
Posts: 33
 

Yeah defo TDA, I have sympathy for the negative impact on both your industry and clients affected by these rulings. Hopefully we will get a definitive answer on the treatment of " trust deeds" soon, so we can all move on with our lives, which I'm sure u can appreciate, is all we want?


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

Hi Bert,

Agreed in respect of the sooner that everyone involved has clarity the better.

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


   
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