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Trustee liability

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

Just wondering what protection does a Trustee have from civil or criminal law ??. Do they pratice with LTD liability or free from any liability . Plus do the governing bodies which watch over them and deal with complaints have any teeth or just a gumless bark .
About time my Trustee faced the music and me .[}:)]


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hi pinalta.

Insolvency practitioners don't operate outside of the law.

They have personal responsibility and liability for cases that they supervise.

Most IPs would say that their regulators have very firm teeth. Inspections are regular and thorough. IPs that breach rules and guidelines are subject to a variety of serious sanctions up to and including losing their permits.

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


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi Pinalta

Appointments in trust deeds are personal appointments, so any complaints/action are against the individual trustee. That said any indemnity is a personal indemnity, although caught within the firms indemnity as a general catch all.

As you know I've been involved ( as an outsider) and your case is, in 27 years, amongst the worst I have ever seen. I have been involved in probably 6 GA actions and from initial discussion to action, the longest has been 6 months. The idea is not difficult, as a trustee you are confident and proceed or you are not. 7 years is not acceptable.

The current ' posturing' is interesting.

As I keep going back to, while the Trustee has an obligation to the creditors, he also has a residual obligation to the debtor. Guess they forgot the 2nd bit! Unfortunately a war of attrition is not in the guidelines.

My advice, don't give up as you know.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


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

Mark , thanks for you input as always .
Could you please clarify GA action Im not sure what it means .

My personal view point is that I have been treated like effulent by my Trustee , never once in 7 years have I had a face to face meeting with him or even spoke to him in person even letters from him are not directly signed by him I think that says it all.

Without your help and advice I would have handed in the keys months ago , however Im not going to give up now , they know there is a major battle brewing and I will see justice for the person in the street prevail .

A common thread seems to be butt kissing when you enter in to a deed after that you are a reference number and fee taking oppertunity, Customer care and basic civility do need seem to be important nor is a minimum level of service for the tens of thousands of pounds I have paid in fees. When I win my case it will be exposed , I guess experts like yourself and others which contribute show there are firms which deliver each time and treat you like an individual .

Thanks once again , just off to sharpen my claymore and varnish my shield for the coming battle , FREDOMMMMMMMMMMM !!!!!.[:0]


   
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