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Turbobhoy
Advanced Contributor

86 Posts

Posted - 05 November 2018 :  09:47:56  Show Profile
Just spoke to hodgsons this morning they are still waiting in Mond is seeking advice from his council on Wednesday
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Wildchild
Advanced Contributor

164 Posts

Posted - 05 November 2018 :  10:40:42  Show Profile
What does this mean please ?
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amorphous
Advanced Contributor

126 Posts

Posted - 05 November 2018 :  11:13:41  Show Profile
Hi Wildchild,
It seem that while we were all focusing on the actual judgement, we should have paid closer attention to the postscript.
The Supreme Court advised that Mr Mond may have a better chance of reclaiming the funds if he approaches it from a different angle (my interpretation).
This is what he will be discussing with his team
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Turbobhoy
Advanced Contributor

86 Posts

Posted - 05 November 2018 :  11:22:07  Show Profile
From what I take from it we are going to get screwed once again
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Gleith
Advanced Contributor

259 Posts

Posted - 05 November 2018 :  11:31:55  Show Profile
Does that mean we could lose our money ? I am totally confused by this either the money is to go to the debtors or not. I wish someone would make this a bit clearer as I donít understand this if it has gone to the Supreme Court and we are still confused. I am sick fed up of the whole thing need closure on this so I can get on with my life.
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Bert
Frequent Contributor

47 Posts

Posted - 05 November 2018 :  13:02:40  Show Profile
Devils advocate? Let's just say that Mr Mond is successful in another avenue such as reduction, trustdeed closed in error etc. would the any/all the creditors of those affected trust deeds, (where the proceeds of ppi payment) that have been paid to the debtor, have a liability claim against trustees? Or where PPI has been issued by the banks/ financial industries, to people who were previously in a trustdeed without checking with the trustee prior to such release, be liable, if Mr Mond was to be eventually successful in his quest to gather PPI awards? Just a thought ??
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Wildchild
Advanced Contributor

164 Posts

Posted - 05 November 2018 :  13:04:57  Show Profile
So ppi dosent belong to debtor and itís not closure totall waste of time.
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head-just-above-water
Advanced Contributor

54 Posts

Posted - 05 November 2018 :  13:46:03  Show Profile
At this present moment in time. The law as it stands says the money belongs to the debtor. End of story...

If any trustee wants to reopen it by a different route. This will go on for ever. I'm lucky in that w&b have always taken the not interested in after discharge. But if they where trying to hold onto it like some of you guys 3 years later. I think I would fight it in court. Especially for some of the amounts involved.
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Wildchild
Advanced Contributor

164 Posts

Posted - 05 November 2018 :  13:53:05  Show Profile
Itís all so very confusing as law states just. Now belongs to debtor. But seems itv should say belongs to debtor if u want or u can change law and fight for it
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head-just-above-water
Advanced Contributor

54 Posts

Posted - 05 November 2018 :  13:57:01  Show Profile
quote:
[i]Originally posted by amorphous[/i]
[br]Hi Wildchild,
It seem that while we were all focusing on the actual judgement, we should have paid closer attention to the postscript.
The Supreme Court advised that Mr Mond may have a better chance of reclaiming the funds if he approaches it from a different angle (my interpretation).
This is what he will be discussing with his team



Lord Reed observes that the outcome of the case is scarcely satisfactory, and notes that the Court raised
with the parties the question whether the relevant acts of the trustee might be reduced (set aside) if they
were the result of an error as to the extent of the trust estate. Although the parties were invited to make
submissions on this, they declined to do so, and it would accordingly not have been appropriate for the
Court to consider these matters on this occasion

So if both parties declined to responded. If they wanted to go down this route they would have to do everything again. Court. Appeal bt what ever side lost. court of session. Appeal again by what ever side lost. and then onto the supreme court but only if they think there is a legal need for it. All the time eating into any funds. I wonder what the total legal bill was last time.
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Wildchild
Advanced Contributor

164 Posts

Posted - 05 November 2018 :  13:57:02  Show Profile
Am past caring about the ppi although would be nice part I donít want is a re opened trust deed
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Wildchild
Advanced Contributor

164 Posts

Posted - 05 November 2018 :  14:17:15  Show Profile
Am past caring about the ppi although would be nice part I donít want is a re opened trust deed
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Luke4630
Advanced Contributor

51 Posts

Posted - 05 November 2018 :  15:58:25  Show Profile
They won't keep spending money fighting this . My take is FCA will inform banks to pay customers there ppi money back

Colin luke
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tinsoldier
Advanced Contributor

732 Posts

Posted - 05 November 2018 :  18:14:11  Show Profile
Surely in the particular case decided at the Supreme Court, the money will be paid to the debtor?

The judge could have said anything he wanted in comments but itís the judgement that matters. Mond lost. Again.
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Baz
Contributor

7 Posts

Posted - 06 November 2018 :  00:18:50  Show Profile
Think its going to be the omnibudsmen for me,NRAM seem pretty sure theyre not giving me it.
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