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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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I I recently asked your advice regarding a problem

Customer Question

Hi... I I recently asked your advice regarding a problem with my bank and a mis-told PPI payment award. I've had a reply back to my letter from my bank and I have attached it for you to assess, if you would please. I also phoned my Trustee and they said
that they will take me to court and have the Trust Deed re-instated. Can they do this?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
I've looked at the Register of Insolvencies and you're not on it which suggests that the Trustee has been discharged so I would have to ask the basis on which they think they are entitled to the payment. I wonder if this is the trustee's attempt to get more fees. I presume you paid what you were asked during the course of the trust deed and cooperated with the trustee. That being the case I doubt that they can keep this money. You can complain to the Accountant in Bankruptcy about this.
Customer: replied 2 years ago.
The Trustee was discharged back in Oct 2012. I made all the payments ontime, in fact, they returned one payment I had over-paid. The third paragraph in the banks reply suggests that they have taken instruction from the Trustee and I should therefore take it up with him if I'm still not happy. Can they take me back to court to retain this money. There won't be a great deal left, if any, by the time they take their fees and court costs to pass on to the creditors. I can't help but think that this is purely self serving on behalf of the Trustee. Could you suggest a way forward for me please?
Expert:  JGM replied 2 years ago.
As above, complain to the AIB.