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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10270
Experience:  30 years as a practising solicitor.
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Can someone please advise me of where I stand, in

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Hi... can someone please advise me of where I stand, in Scottish Law, as regards ***** ***** successful ppi claim and my expired/discharged Trust Deed. I have copied the text of a letter that I'm about to send to my Bank in response to their award letter. See
below. Dear Sir/Madam, Thank you for the complaint decision letter dated 20 Aug 2015. In which, you upheld my complaint and duly outlined the award made to me. What I take issue with is the fact that, although, the award is made to me, you claim that my financial
affairs are being managed by an insolvency practitioner and therefore you will send the offered redress payment directly to them. I contest this as your records are not up to date. I was discharged from my Trust Deed on 04 October 2012. You have no right to
involve a third party in a compensation settlement between myself and you or, indeed, forward any settlement to them. They have been discharged from overseeing my financial affairs and would have no current legal grounds for holding or banking monies due to
me. I have attached the relevant documents that prove that they have currently have no legal guardianship over me or my or my current, financial affairs and this has been the case for the past three years. There is no current entry of insolvency of myself
in the Scottish Register of Insolvencies. I insist that you honour your decision to uphold my complaint and send the awarded recompense directly to me at the above address. Yours faithfully, Can anyone advise me on the legality of what they propose to do with
reference to current insolvency law in Scotland. Thank you.
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
The complaint decision letter should dated 28 Sept 2015
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland.
You have been discharged from your trust deed and the trustee no longer has any interest in your affairs. For that reason the trustee will not accept funds from your point claim and your letter is exactly in point.
The only change I would make is to ask them to confirm in writing that they now understand that the monies are to be remitted to you and also to confirm that they will remit the monies to you.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10270
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi... Can I ask you to please have a look at the finished letter I intend to send to my bank and give me your thoughts on it. Thank you. Sorry but the "add file" mechanism doesn't appear to be working. I'll try and paste the text below...Dear Sir/Madam
Thank you for the complaint decision letter dated 28 Sept 2015 which I received on 02 Oct 2015. In that letter you uphold my complaint and duly outlined the award offered to me.However, I take issue with, and therefore do not accept the offer. The issue is the fact that, although the award is offered to me, you claim that your review shows that my financial affairs are being managed by an insolvency practitioner and therefore you will send the offered redress payment directly to them.I contest this as your records are not up to date. I was discharged from my Trust Deed on 04 October 2012. There is no current entry of insolvency of myself in the Scottish Register of Insolvencies. I enclose a copy of my Trust Deed discharge for your information.In law you, the bank, have no right to involve or communicate with a third party in a compensation settlement between myself and you, or indeed, forward any settlement or any notice of settlement communication to them. They (my ex Trustee) have been legally discharged from overseeing my financial affairs. I have attached the relevant documents that prove that they have no legal guardianship over my current financial affairs and this has been the case for the past three years. A fact that you, the bank, should have on record as the bank would have received, as required in Scottish Trust Deed law, a copy of the attached document and all other previous documents relating to the whole of my Protected Trust Deed process from commencement to discharge.If it is the case that the bank failed to update its records on receipt of those documents then it has failed to maintain my personal and relevant financial data. Which, I believe, would have implications relating to the Data Protection Act?The fact that you, the bank, are choosing to ignore your records which pertain to my recent financial history and current financial status or, you are making decisions based on information that is clearly out of date, and therefore incorrect, alarms me greatly.Under the terms of the Data Protection Act 1998: I expressly deny all external applications for information relating to me, any claim or future claims, and I also revoke all and any previous information access mandates signed by me that may exist within your paper or electronic records. I also deny the bank permission to communicate any information relating to this complaint to any and all 3rd parties.I insist that you honour your decision to uphold my complaint and send the awarded recompense by cheque directly to me at the above address.I also ask you for written confirmation within10 days that any monies awarded to me will be forwarded, by cheque, to me personally at the above address as this was the preferred method of payment agreed, by myself and with a member of your staff’ at the end of my telephone interview.In conclusion, if you cannot make the recompense payment directly to me, as requested and outlined earlier in this letter, then I insist that you hold the payment whilst I take the matter higher up your organizational chain, or on to another authority for resolution.Yours faithfully,
Expert:  JGM replied 1 year ago.
Take out "If it is the case..." to "any and all 3rd parties".
The DPA references will just confuse and hold up the bank. You want paid ASAP.
Customer: replied 1 year ago.
I have removed the paragraph as suggested... Thank you.

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