I did not think so Eileen, however, recently some have applied to have a Trust Deed re-opened in order to collect PPI issued post Trust Deed. It was granted in some cases, and refused in another.

I believe it is being tested in the courts and some members of this forum are wanting to challenge this personally in court which can mean preparing a case personally and presenting it oneself, or by seeking advice from a lawyer specialising in this area of the law.

One of the contentious parts is that to ingather the funds, the Trust Deed has to be re-opened and will then appear on the AIB register again, which seems most unfair. A technicality which has perhaps not been fully considered by those who are creating the new rulings. perhaps that part of it has also to be re-considered.

The experts have previously highlighted that it may well be dependant on the actual wording of the Trust Deed agreement whether such an application would be successful. And David Tannock has stated that his firm do not seek to re-open Trust Deeds.

There are several threads in the forum on this subject - you may like to read through them. Gleith is a member currently objecting to his being open. It appears that when no-one objects, it has been automatically approved to be re-opened to ingather funds.

So, yes, it has been the case that the Trustee can apply. Whether they are successful is a different matter.

I am sure the experts will clarify more for you or correct anything I have mis-stated.

Hi eileen220958.

Yes - and a judge will decide whether it will be allowed.

Just to add to Firewalker's comments - the firm I represent are not seeking to re-open Trust Deeds to collect PPI either. It seems that many still are however, so you may be unfortunate.

I am sorry but this is so wrong, if the trustees discharge themselves from a trust they shouldn't be allowed to go back and get another bite at the apple. First you where told because it was a protected trust deed that nobody could come after you again for anything and that was why you wanted your trust to be protected secondly if the trustees discharged themselves from your trust they shouldn't be able to apply again to be your trustees. I personally think that this is greed on their part. Obviously the first check of £400 wasn't enough for them to do the work of getting the trust open but £1300 is? Well a morning in front of me digging out all the papers and see what I have.

Sorry another question, surely when the trustees discharged themselves from the trust they have to inform someone? Does any one know who they inform and would I be able to find out from them if they have done this. Thank you again all of you your advice has been invaluable. [:)]

Hi eileen220958.

They inform the Accountant in Bankruptcy - the body which oversees personal insolvency in Scotland.

You're not the first person to write regarding your perception of the motives of trustees here. I think however that this is one of those issues that genuinely looks very different depending upon whether you're a trustee, a creditor, or a person who has completed their trust deed.

There are good but incompatible arguments on either side of the debate - which is why the courts will ultimately have to decide who's really due the money.

Fair enough but why should they get another bite at the apple. It has to stop sometime. It can't just keep going and going. When you take out a protected trust deed and the trustees discharge themselves and then decide 8 years later that they will open up your trust just to get money it is totally amoral. I am at present working out just how much I have paid back and how much I will have paid to my mortgage because I had to remotgage. When I get all my figures together I will have to see what else I can do. I will have paid sufficiently more than what my debts where. I was definitely given the wrong advice by all the parties concerned.

They might contend that it's their professional obligation to realise an asset that you possessed when your trust deed began.

Your creditors might contend that it's unfair for you to receive this money if they weren't fully repaid the money that you owed to them (and because it's not their fault the asset wasn't realised at the time).

So there are arguments on all sides which are perfectly reasonable - yours included.

That makes the argument about motives largely irrelevant - it becomes a narrow legal question about who is due the money. You say it's you - and the court may or may not agree with you.

It is important to make the distinction that it is only because the potential to reclaim these PPI sums was there prior to the Trust Deed being signed that some trustees are seeking to gather in these funds.

Any windfalls that may come your way that don't relate to that earlier time period are safe and yours to keep.

What happens if you have had a previous payment and you didn't inform the trustees.

I suppose the trustee might have the option to try to extract the funds from you by going to court - though I'm not sure that they would choose to do this as there would be no guarantee that they would either win or that you'd then pay it even if they did win.

We haven't heard of this happening though as far as I can remember.

Thinking about it, once discharged I don't suppose that there's any obligation at all to notify an ex-trustee that such a sum has been received.

Thanks for replying I am going to a welfare rights officer next week and I will get his advice then. Thanks again