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...
I forgot to add, when the PTD was agreed, their total fees were quoted as £5500, they've now jumped top £9560 [:(!]
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.
Hi, yeah I was discharged on
01/10/2014: Debtor Discharge Date
01/10/2014
No, theres only a discharge date for me.
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.
Also, they've told me that my creditors will receive payment in the next 14 days.
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 .
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.
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 🙂
Hi,
Yeah that's correct if y primary creditor had claimed their share I wouldn't be due any remuneration at all.