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Trustee Fees

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(@sj1980)
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Joined: 10 years ago
Posts: 9
Topic starter  

I wonder if anyone can tell me if I have any recourse if I feel my trustees fees are excessive?
My PTD was for £10,986 of debt with £8,680 owed to one creditor. My PTD was discharged in January and it turns out the primary creditor didn't make a claim and only £1267 has been paid out to creditors. Between January and now, the Trustees fees seem to have jumped by £2500.
I've had similar problems with this Trustee, when I was made redundant and they tried to claim 80% of my redundancy fee, I fought it and they settled for 45% - I get the feeling they're trying something similar now...


   
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(@sj1980)
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Joined: 10 years ago
Posts: 9
Topic starter  

I forgot to add, when the PTD was agreed, their total fees were quoted as £5500, they've now jumped top £9560 [:(!]


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

Hi sj1980 and welcome.

Has your trustee now been discharged? You can find out if you're unsure on the Register of Insolvencies.

It sounds like they probably have been if those smaller creditors have been paid.

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


   
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(@sj1980)
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Joined: 10 years ago
Posts: 9
Topic starter  

Hi, yeah I was discharged on
01/10/2014: Debtor Discharge Date
01/10/2014


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

Thanks.

There are two discharges. One for you then another later for your trustee.

Is there an entry for their discharge?

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


   
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(@sj1980)
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Joined: 10 years ago
Posts: 9
Topic starter  

No, theres only a discharge date for me.


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

OK - so if your trustee isn't yet discharged have they informed you that creditors have been paid?

I guess I'm just wondering if there is any prospect of that large creditor getting a claim in yet?

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(@sj1980)
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Joined: 10 years ago
Posts: 9
Topic starter  

They're sending out the final circular this week, they've advised me that the largest creditor didn't make a claim and they're saying that the gave them 6 months to make a claim. They sent a final letter to the largest creditor 6 weeks ago stating that they had 14 days to make a claim or they would lose any right to what they are owed. The creditor didn't make any claim and the Trustee told me that there would be a renumeration due back to me. I find it suspicious that their fees seem to have ballooned by £2000 since I was discharged.


   
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(@sj1980)
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Joined: 10 years ago
Posts: 9
Topic starter  

Also, they've told me that my creditors will receive payment in the next 14 days.


   
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(@pinalta)
Reputable Member
Joined: 13 years ago
Posts: 315
 

You could ask the AIB in Scotland to audit the accounts , however there is a charge to do so , not sure if the fees can be audited if you are discharged , or your trustee has been discharged .


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

Hi sj1980.

Your trustee can only charge for work done. It's typically charged on hourly rates (like an accountant or lawyer).

You can ask them to provide you with details of the work done and associated fees.

If you are uncomfortable with this information you can challenge the firm as appropriate.

If you remain concerned after that you have the option to approach the Accountant in Bankruptcy about having the fees audited.

As pinalta has explained, this will potentially cost money from the "pot" of funds that you have contributed. If you're found to be correct this audit might result in additional funds being returned to you. If the firm is found to have charged fairly this audit might result in any surplus due to be repaid to you being reduced or lost altogether.

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


   
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(@sj1980)
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Joined: 10 years ago
Posts: 9
Topic starter  

Hi,

Thanks for the advice, I've received the final statement from my Trustee this morning and it includes a statement of time but theres no proof that the work they're claiming was carried out. It sounds like a bit of a gamble to ask the AIB to audit it, maybe I should just be happy with what I'm getting back.

I have to say, the process and full cost of a PTD with this Trustee isn't fully explained at the start, it looks like a money making exercise for them.

The statements they sent were unreadable unless you're a trained accountant, not a very transparent process if you ask me.

Thanks for your help guys 🙂


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

I guess it's a slightly unusual situation all around sj1980.

If the major creditor had submitted their claim it seems there would have been no prospect of any surplus being returned to you?

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


   
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(@sj1980)
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Joined: 10 years ago
Posts: 9
Topic starter  

Hi,
Yeah that's correct if y primary creditor had claimed their share I wouldn't be due any remuneration at all.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Who was the creditor hat didn't claim, as a matter of interest?

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