Trust Deed Forum - Mond hearing
Trust-Deed.co.uk
Home Home Page


















Trust Deed Forum
Trust Deed Forum
Home | Profile | Register | Active Topics | Members | Search | FAQ
Username:
Password:
Save Password
Forgot your Password?

 All Forums
 Trust Deeds
 Scottish Trust Deed Forum
 Mond hearing
 New Topic  Reply to Topic
Next Page
Author Previous Topic Topic Next Topic
Page: of 3

Wildchild
Frequent Contributor

48 Posts

Posted - 04 July 2018 :  16:51:15  Show Profile  Reply with Quote
Hi did anyone watch the Mond hearing on the Supreme Court page.

Turbobhoy
Frequent Contributor

48 Posts

Posted - 04 July 2018 :  17:29:43  Show Profile  Reply with Quote
I've watched it thought mond team was arguing the same point which was in the scottish courts
Go to Top of Page

Wildchild
Frequent Contributor

48 Posts

Posted - 04 July 2018 :  19:19:13  Show Profile  Reply with Quote
I watched some of it. The man opposing Mond was good so hereís hoping
Go to Top of Page

head-just-above-water
Regular Contributor

24 Posts

Posted - 04 July 2018 :  22:30:08  Show Profile  Reply with Quote
If anybody wants to watch the video the supreme court have posted it as catch up at. https://www.supremecourt.uk/watch/uksc-2016-0218/030718-am.html

I have not posted in 6 years but like to lurk and catch up.

Cheers
HJAW
Go to Top of Page

TDA (Debt Adviser)
Trust Deed Expert



12472 Posts

Posted - 05 July 2018 :  08:44:07  Show Profile  Reply with Quote
I've watched a few short sections of both sides speaking yesterday.

What I saw really underlined the uncertainty about how parts of the legislation should be interpreted and, therefore, how the opposing sides can each present a strong argument.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
Go to Top of Page

Wildchild
Frequent Contributor

48 Posts

Posted - 05 July 2018 :  08:46:24  Show Profile  Reply with Quote
So could go either way really is that what you mean x
Go to Top of Page

TDA (Debt Adviser)
Trust Deed Expert



12472 Posts

Posted - 05 July 2018 :  09:46:26  Show Profile  Reply with Quote
Hi Wildchild,

I think the essence of any case that reaches the Supreme Court is that it could go either way.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
Go to Top of Page

amorphous
Advanced Contributor

79 Posts

Posted - 05 July 2018 :  09:57:21  Show Profile  Reply with Quote
I found the whole thing rather dull. I thought it would be more of a debate format, and tbh most of it was over my head.
From what I could comprehend, both teams made equally compelling cases, so who knows!

Go to Top of Page

TDA (Debt Adviser)
Trust Deed Expert



12472 Posts

Posted - 05 July 2018 :  11:44:24  Show Profile  Reply with Quote
Over my head as well.

What I noticed (in the fairly short) segments I watched were different interpretations of legislation and the perceived intentions of that legislation.




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

Edited by - TDA (Debt Adviser) on 05 July 2018 11:45:08
Go to Top of Page

Luke4630
Contributor

8 Posts

Posted - 05 July 2018 :  16:42:00  Show Profile  Reply with Quote
Seems straight forward to me . As said at hearing all party's sign up to trust deed . Comes protected . 3 years and you are discharged . Not for one minute do I think mond will win . What a can off worms this would open .

Colin luke
Go to Top of Page

Wildchild
Frequent Contributor

48 Posts

Posted - 05 July 2018 :  18:12:00  Show Profile  Reply with Quote
Hope your right
Go to Top of Page

head-just-above-water
Regular Contributor

24 Posts

Posted - 05 July 2018 :  19:01:41  Show Profile  Reply with Quote
I liked the QC/advocate for Mr Davidson side made a very good point in that the Bank of Scotland sent the cheque to Mr Mond in error (seems a very common error). And if that never happened the trustee by his own sides confirmation is discharged would never have known and this would be a non issue. Why did Mr Mond cash it (whether to hold onto it for the benefit of the creditors or to pass it Mr Davidson) He had and still is as of today not the trustee for Mr Davidson he was discharged. If Mr Davidson loses, who says the new court appointed trustee would have to be Mr Mond, but then again that would not be a voluntary arrangement, which a trust deed is.

I also have a question about PPI which I will be posting shortly hopefully someone can help answer.

HJAW
Go to Top of Page

tinsoldier
Advanced Contributor

687 Posts

Posted - 05 July 2018 :  19:04:26  Show Profile  Reply with Quote
Not posted for a while but interested to see how this goes.

I wonder what will happen should Mond lose - i.e. Trust Deeds should never have been re-opened in the first place. Bring on the law of unintended consequences.
Go to Top of Page

TDA (Debt Adviser)
Trust Deed Expert



12472 Posts

Posted - 06 July 2018 :  07:30:10  Show Profile  Reply with Quote
Hi,

So as stated previously I've only seen short parts of this and much of that I'm not sure whether I followed it fully.

Wasn't part of the stated error that the bank should have set this off against a debt that was included in the discharged trust deed? This would also result in the former debtor not getting the money (and is also legally contentious).

Do we know that Mr Mond cashed the cheque? It may have been mentioned, but I didn't see that.

My understanding is that the former trustee is the person who applies to the Court to be reinstated, rather than the Court becoming involved for a different reason and choosing a trustee.

I'm not sure that many trust deeds were ever re-opened. I can only remember a couple being mentioned in the forum and there seemed to be very few trustees taking this course of action.

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

Edited by - TDA (Debt Adviser) on 06 July 2018 07:30:43
Go to Top of Page

tinsoldier
Advanced Contributor

687 Posts

Posted - 06 July 2018 :  16:40:01  Show Profile  Reply with Quote
BDO were certainly re-opening trust deeds. They re-opened mine then still paid out PPI after the Court of Session ruling in 2016.

Iím fairly sure I can find a thread on here which seemed to indicate that the direction of travel at one time was towards trust deeds being re-opened by former trustees.
Go to Top of Page

head-just-above-water
Regular Contributor

24 Posts

Posted - 07 July 2018 :  03:58:37  Show Profile  Reply with Quote
Yes TDA, Davison council did say that Bos could have set off against the debt, but I think he was meaning when the original claim was getting paid out that would have been before the Jan 2017 Donnelly vs.RBS which she won on appeal on the grounds that the final distribution was in effect a composition. so there was in the eyes of the law no debt to "set off" the compensation against. It strange that RBS never tried to appeal that, they cant use this Mond case as its on a different point. Davison bank BoS sent the cheque to the trustee. and he would I assume cash it and put the money into a holding account of some kind. Even Mr Monds council do say the money is tucked away in a bank account at about 15 minutes in the video.
And again at 1 hr 17 mins he said Mr Mond told the bank to send him the money and it's now sitting in a dedicated bank account.

I do hope Davison wins. It would help to things to Bed once and for all.

I'm also sure there is no further rights of appeal in the UK.

Edited by - head-just-above-water on 08 July 2018 13:13:12
Go to Top of Page
Page: of 3 Previous Topic Topic Next Topic  
Next Page
 New Topic  Reply to Topic
Jump To:
Trust Deed Forum © 2008 - 2018 www.trust-deed.co.uk Go To Top Of Page
Snitz Forums 2000

(c) Channel Active Limited. Company Number: 06412452. Data Protection Registration: Z1332750.
Telephone calls may be monitored or recorded. Authorised and regulated by the Financial Conduct Authority.
Trust-Deed.co.uk, Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, G2 1BP. Tel: 0141 2490416.