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TDA (Debt Adviser)
Trust Deed Expert



12834 Posts

Posted - 01 November 2018 :  15:15:23  Show Profile
Hi Luke4630.

We don't know the answer to this.

It seems more likely after the ruling yesterday.

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Gleith
Advanced Contributor

259 Posts

Posted - 01 November 2018 :  15:23:59  Show Profile
I have just contacted my ex trustees solicitors to see what is the next step and he said he would be awaiting their instructions and would be in touch. I then phoned them and they told me that the solicitor had in fact told them to hold on to the money whilst they made a decision. I then phoned the solicitor who said that he would be in contact with the trustees to make a decision as the ruling at the Supreme Court wasn't as clear cut. I am totally bewildered and cannot believe this is happening - How can it go to Supreme Court and I might still not get my money. I am furious this has been going on for nearly three years now
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TDA (Debt Adviser)
Trust Deed Expert



12834 Posts

Posted - 01 November 2018 :  15:26:12  Show Profile
Hi Gleith.

I fully understand your frustration.

It's bound to take a little time for firms to obtain professional advice about what to do now and how to do it.

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tinsoldier
Advanced Contributor

732 Posts

Posted - 01 November 2018 :  15:29:31  Show Profile
How can the Supreme Court decision not be ďas clear cutĒ ?
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Gleith
Advanced Contributor

259 Posts

Posted - 01 November 2018 :  15:30:50  Show Profile
Yes I understand that but I just assumed that now the ruling at the Supreme Court was in our favour then they would need to give us our money. My PP! was from the BOS. This has been hanging over me for nearly three years. He said something about the postscript - surely he has lost or won his case - was this not to decide what was going to happen.
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amorphous
Advanced Contributor

126 Posts

Posted - 01 November 2018 :  15:38:33  Show Profile
There is no ambiguity in the court verdict. Its crystal clear....cash belongs to debtor. The postscript is only a comment, not a ruling.
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head-just-above-water
Advanced Contributor

54 Posts

Posted - 01 November 2018 :  15:44:10  Show Profile
I was just going to post the same thing. The lawyers are being what they normally are. Where are the loopholes and how can we get around it. I've already sent my letter off too RBS demanding they make payment of its off to small claims court 9 times. (Still cheaper for me than 1 summary action ).
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tinsoldier
Advanced Contributor

732 Posts

Posted - 01 November 2018 :  15:47:35  Show Profile
As has been said, the postscript is exactly that.

Judgement is entirely different. Sounds like some organisations canít accept there really nowhere else to go on this matter now legally.
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Sharon Toal
Trust Deed Expert



338 Posts

Posted - 01 November 2018 :  16:35:23  Show Profile


I can say that as a firm, we have never tried to reopen a trust deed nor have we held onto funds for a closed trust deed case. We took that view early on.



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head-just-above-water
Advanced Contributor

54 Posts

Posted - 01 November 2018 :  16:51:15  Show Profile
quote:
[i]Originally posted by Sharon Toal[/i]
[br]

I can say that as a firm, we have never tried to reopen a trust deed nor have we held onto funds for a closed trust deed case. We took that view early on.






I can vouch for that even though my wife's ptd was only closed less than 1 week w&b paid a ppi payment they received straight into the wife's bank. W&B have always been up front about what they can and can't do.
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sophie
Frequent Contributor

28 Posts

Posted - 01 November 2018 :  17:03:51  Show Profile
Unfortunately there is companies out there that is in it just for the money. In my eyes Mond is one of those companies. If he is not he should at least make a statement saying he is going to return all monies he has received and look to do it as quickly as possible. I may be wrong but I think we will still be waiting for the money he owed this time next year. That's my opinion of him. As I said I hope I'm wrong
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tinsoldier
Advanced Contributor

732 Posts

Posted - 01 November 2018 :  17:05:50  Show Profile
There are other things to be considered after this ruling. Do people who had Trust Deeds re-opened to enable trustees to gather in funds now receive compensation as they should never have been denied the monies?
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TDA (Debt Adviser)
Trust Deed Expert



12834 Posts

Posted - 01 November 2018 :  17:28:32  Show Profile
That's an interesting one tinsoldier. I've been thinking about that scenario as well.

Who's to blame in this situation? The trustee could only reopen the trust deed with the consent of the Court.

Can you blame a bank if the Court enabled this to happen?

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tinsoldier
Advanced Contributor

732 Posts

Posted - 01 November 2018 :  17:37:07  Show Profile
Ultimately the trustee is to blame I think - bank paid compensation whether sending it to the individual or the trustee. Courts? No trustee approach, no court case. The whole issue of whether PPI monies could be ingathered after both debtor and trustee discharge was driven by trustees, not banks, not the courts.

Only my opinion of course, others may see things differently #128077;
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Gleith
Advanced Contributor

259 Posts

Posted - 01 November 2018 :  17:41:40  Show Profile
I just want my money and thatís what I thought would happen now not quite so sure. I am totally bewildered with this now.
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