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Scottish Trust Deed Forum
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Topic starter
14/09/2015 4:18 pm
I was discharged from my TD six weeks ago.
I didn't agree with the fact an organisation had applied to be considered as a Creditor and received a payout.
My Trustee agreed to look at their submission and my further info and stood by his decision which he informed me about on Friday afternoon.
It's difficult to go in to full details on here but there was no credit agreement between myself and them.
I'm looking to appeal his decision and don't know where to start.
Could someone please advise me further on this. I'm happy to go in to full details on E-Mail.
Also what's the time limit for lodging an appeal ??
Thanks
14/09/2015 4:50 pm
Welcome to the forum Starry Eyed.
This isn't a topic that I know too much about. I'm sure that Kevin, David or Mark will be able to offer some further information to you when they next visit the forum.
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15/09/2015 11:24 am
Hi Starry Eyed
It's an interesting one. A creditor or debtor can object, however this would require to be within 2 weeks before the end of an accounting period which will normally be on each anniversary of the trust deed.
The Trustee must satisfy himself that the claim is valid and adjudicate on the claim based on the information made available.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
16/09/2015 12:28 pm
As Mark says, there is a right of appeal to a sheriff but it has to be done within 2 weeks of the end of the accounting period, which would normally be on each anniversary of the trust deed. That doesn't necessarily mean that you are too late, as the relevant accounting period might be the current one (ie the period after your discharge) if your trustee left the adjudication of claims until after the final anniversary.
However, what might be more of a problem is that you can only appeal to a Sheriff if you can show that you have a "pecuniary interest" in the outcome of such an appeal - ie if successful it would make a financial difference to you personally. Unless all other creditors would be paid in full then this would not be the case as it would merely mean a higher dividend for other creditors.
Hope that makes sense? A very technical question!
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