Trust Deed Forum - Can anyone recommend lawyer to recover charges?
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 Can anyone recommend lawyer to recover charges?
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funkie1
Contributor

8 Posts

Posted - 15 May 2018 :  05:30:56  Show Profile  Reply with Quote
Hi guys,
Looking to call on this community for advice and support.

I signed up to trust deed in march 2012 declaring all debts including overdraft to bank of scotland. I was told the overdraft would be removed. At time of signing the debt wouldbe trsnsferred to trust deed manager.
In a nutshell it wasnt.
I called several times to tell the bank.
Anyway i got shed loads of over limit fees and overdraft fees.
It was only once my trust deed finished thst a company who were working on a poi claim suggested puting in a claim for charges.
I did and was rejected. I went to the financial ombudsman who for the last 2 years have bungled their way through a flawed investigation. They hsve recently come back to say i may have a case! As the debt at the signing f the trust deed was no longer mine they may not have had legal right to place charges on it!
Which is what i thought all along.

I was hoping thriugh the forum someobe could reconebd a lawyer that could look at this claim and let me know where i stand. Happy to be private messaged if required.

Had anyone else had this experience?

TDA (Debt Adviser)
Trust Deed Expert



12512 Posts

Posted - 15 May 2018 :  08:21:56  Show Profile  Reply with Quote
Hi funkie1.

The law is pretty simply on this. The debt that existed on the date that your trust deed began was covered by your trust deed. Interest and charges on that debt stop.

Did you keep using the account after the trust deed began?

Have you actually directly paid any of this interest and charges?

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funkie1
Contributor

8 Posts

Posted - 16 May 2018 :  09:57:40  Show Profile  Reply with Quote
Hello tda to be honest I kind of shut down nd thought the account would close. It remained open to this day with overdraft accruing more and more fees. Even to this date!! It was only when claims management company suggested puting claim in. Financial services ombudsman have been terrible, 2 years on no further forward with my complaint.
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TDA (Debt Adviser)
Trust Deed Expert



12512 Posts

Posted - 16 May 2018 :  16:15:47  Show Profile  Reply with Quote
Have you spoken to your former trustee about this funkie1?

I'm wondering if they have records of the balance of the account when the trust deed began?

I can't see how interest or charges could be added to the account based upon that balance at the time.

Did you keep using the account after the trust deed began?

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Kevin Mapstone
Trust Deed Expert



3567 Posts

Posted - 16 May 2018 :  18:35:45  Show Profile  Reply with Quote
Is the bank chasing you for repayment of these charges, funkie1? If so I would remind them of the Trust Deed and ask them to update their records so that all interest and charges after that date are written off. The Trust Deed discharged you from liability for these obligations as long as you weren't using the account after the Trust deed was signed.

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funkie1
Contributor

8 Posts

Posted - 21 May 2018 :  02:56:29  Show Profile  Reply with Quote
Hi guys thanks for replies. The exhaustive 2 year enquiry has pretty much covered everything I think. The charges have already been applied. Iím seeking to recover these. I was told by trust deed manager the overdraft had been included in the deed and would be removed. The account was the only one I had and used to service the trust deed. The bank never removed it.. and since has racked up in excess of £4200 in charges since 2011. It had no idea there had been so many charges.... no allowance for charges were made in the trust deed which further caused me financial pain. Banks argument is claiming ignorance - which they do very well. Even though I called to highlight. The three times I called by coincidence the call recordings were temporarily unavailable...,the bank said they knew nothing of the trust deed. Even though it was declared in the initial declaration of debt. Then subsequently advertised in the Edinburgh gazette...
Will be interesting to see how this goes. Advice from most people is no fees can be applied to a debt that is no longer attributed to you. Can the experts clarify when the trust deed is signed and they take over the finances of the person in the deed if they are legally responsible for them? Trying to understand legally who actually Ďtakes on the debtsí itís clear whatís happened. Someone hasnít done what they should have ie removed the overdraft! Iíve been then hit with all these fees which the financial ombudsman is kindly helping me try and recover. Would also like to know if anyone could highlight the services of a good lawyer that is experienced in insolvency law as may decide to bring a case agains the bank.
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TDA (Debt Adviser)
Trust Deed Expert



12512 Posts

Posted - 21 May 2018 :  08:20:51  Show Profile  Reply with Quote
Hi funkie1.

So just to be certain, you did continue to use this account after the trust deed began? I think you're saying that is the case is your most recent post?

If you did, then the bank could contend that further charges could be added based upon the terms and conditions of your account - based upon how you conducted this account after the trust deed began.

The balance owed at the time of signing the trust deed is a creditor of the trust deed - you're effectively discharged from that liability when you're discharged from your trust deed.

Nobody really "took on the debts". They remained yours until you were discharged.

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