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Scottish Trust Deed Forum
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Topic starter
19/03/2010 11:06 am
What can l do when my Trustee's firm went into administration, and he refuses to hand over the Trust Deed to the new firm? There is now a court summons been raised against my Trustee, this could take months if not years to be heard in court. My contributions ended Feb 09, surely by now this whole affair should be near closure, but as long as court proceedings are pending who knows how long it will last. Who can l complain to ? Do l need to raise legal action against
the two parties? You may have gathered l'm extremly (edited - language) that there seems to be a power/ego struggle going on. While the two companies are at loggerheads its the people who they should be representing who are suffering due to the delays they are causing.I know that all cheques have been issued to the creditors and have been presented for payment, so what is the hold up????
19/03/2010 11:47 am
Hello stevieH,
I understand from your previous post that your Trust Deed was with AFS.
We have heard from a number of people that a legal wrangle between parties involved in the sale of AFS has caused delays.
This seems entirely unfair on anyone who has met all of their obligations to their Scottish Trust Deed.
However, while the firm went into administration, the Trustee himself has personal responsibility for the case which may help to explain the root of how a dispute could develop.
Your Trustee will be regulated by their professional body. Details of this body will be on paperwork posted to you previously. You have the right to complain to that body if you wish to.
Should you be considering legal action you should contact a solicitor. This will help you to establish whether there is a realistic possibility of legal action achieving your goal of the Trust Deed being closed.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
20/03/2010 11:35 am
Hi stevieh
I assume you are with Adie Financial Solutions with Charles Sands as your Trustee.
Irrespective of the legal case, the present Trustee (Mr Sands) still has an obligation to administer the Trust Deed as Trustee.
My advise would be to send him a recorded delivery letter asking that the case be wound up. If he fails in his duty, then gis governing body should be contacted.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Topic starter
23/03/2010 9:46 am
Thanks for the two replies. I have e-mailed the AiB, to find out if we can get notification of discharge, they duely replied stating that could only be done by the Trustee, which contradicts the info l recieved from his office HELP
23/03/2010 9:56 am
Hi stevieH,
Have you followed Mark's advice as written above?
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
23/03/2010 6:58 pm
Hi stevieH
Unfortunately there is a process to discharging the Trust Deed, unlike sequestration which is automatic.
My advice would be to write as staed above and then go to the governing body.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
