Hello LornaT.

You can ask for a breakdown of the costs that you are being charged.

My understanding is that you can then ask the Accountant in Bankruptcy to audit them if you are concerned that they are unfair.

Yes that's my understanding too, but what I am concerned about is that just because money is being re-paid by the creditor that they can now all of a sudden come up with more fees and decide to keep some of the money that essentially should come back to me? The creditors have all been in paid plus interest so they have no concern as to how much the IP charges me for fees/discbursements etc. My husbands fees have just been circulated and they have increased by 25% more than the initial estimated fees even though he was only 10 months into a 36 month Trust Deed when I offered to pay a dividend. I fear that they are making it up as they go along to be honest.

I guess that's the purpose of getting a breakdown of the fees LornaT.

You'll be in a much better position to judge whether they're fair for the work that has been done or whether you consider that they aren't fair/justified (and therefore wish to have them audited).

Thanks Trust Deed Assistant. I think I will do that. Although to be honest, I am not sure I am best placed to judge whether I will consider them fair/justified. I think most of them will be 'made up' and can only imagine that in the long run that the cost to have them audited would be quite expensive.

Cam you clarify that when they calculated the cost to finalise my Trust Deed - that this would have included their fees to date and a provision to bring the Trust Deed to a conclusion, this would then have been circulated to my Creditors for approval? Surely thereafter,if their provision was wrong and they had miscalculated then that is there problem not mine? Had this refund from my Creditor not came about then how would they then have recouped this shortfall?

I think they are still stalling to discharge me even now as they started PPI claims on my behalf after I had paid everything in full (after telling them I would pursue PPI myself once discharged) without my permission (they sent a letter asking for this).

Hi LornaT.

I don't think that there's any cost to you if you ask the AIB to audit the fees. Hopefully one of the experts here can confirm this.

Are they carrying on with the PPI claims even though everything is fully paid up? I'd be very interested to hear the reason why in case you ask them.

Fees may have continued to be added if further work was required on your case. A breakdown of the fees may reveal how much and why.

The only work required om my case was the usual work to bring it to a conclusion - but they would have already factored this into their fees when they gave me final figure and made a provision? Or so I would have thought.

As for the PPI, yes they sent out a letter after everything was paid up asking if each of us would like them to pursue PPI - we ignored these as we were had already paid my Trust Deed in full and the dividend/fees towards my husbands. I then had a lengthy telephone call from their PPI associates a month or so later and told them the whole scenario and categorically asked them not to pursue PPI. They ignored this and 6 months later - letters starting arriving from them with up-dates from all our Creditors. When challenged we were told that as we were still in our Trust Deed then we had no right to challenge it and our Trustee could do as he pleased.

How do we go about asking the AIB to audit the fees?

Thanks again, Lorna

Hi LornaT

You can certainly ask the AIB to audit the fees. There is no cost to you.

The normal process would be to do a final circular with fee to date and proposed closing fee. I dont think the creditors failing to cash cheques adds another £1600. The Trustee cou;ld easily consign the non cashed paymemnts to the AIB.

Mark

Hi Mark

Thanks for you advice. Apologies for the delay in responding. That's what I thought too regarding the additional £1600. I think I may take both of your advice and ask for an audit of the fees to be done by the AIB. Do I just contact them direct? Can I just ask what you mean by the Trustee could easily consign the non cashed payments to the AIB? Does this mean that I am not entitled to this refund? Apologies for my ignorance. Thank you both again, Lorna

Hi LornaT.

I'm not sure of the precise process with the AIB in terms of an audit of trust deed fees, but they have a helpline number on their website that should be able to point you in the right direction.

Consigning a payment to the AIB basically means handing over the cash due to a creditor to the AIB so that the trustee can discharge themselves. The creditor can then approach the AIB for the funds in the future I'd assume.