Trustee

[stuffed]

Can anyone help me?

Went to the OR yesterday and someone has written to the OR asking to be our trustee.
We have had dealings with this company before and they have a reputation of being a bit 'dicky'!!
The OR called them ambulance chasers!

Under what circumstances can they insist on becoming trustees. What can I do to stop them!

[Reviva UK]

do you have any assets that they could be a trustee over? for instance a house with equity worth 5k or more?

[MelanieGiles]

They can only secure the appointment as your Trustee, if they secure the support of over 50% of your creditors. The OR is not empowered to make the appointment without this confirmation. Can I ask which firm this is - and whether they have given you any advice in the past - as if they have they are conflicted out of acting as your Trustee on those grounds.

[stuffed]

Hi melanie,
I'm glad you have replied. Several years ago I was in a dispute with the IP. They had arranged an IVA that was improperly done. They applied to make me bankrupt and a judge dismissed the case. I came to see you at the office and you kindly wrote a report for my solicitor.
(The words Rathmel and Ratcliffe might mean something to you)
There was no costs award in the case, although they have never accounted for the money paid into the IVA. At the time you wrote that perhaps I had reason to complain to the IP governing body - but to be honest I was just happy to have it dismissed.
I am unhappy about them becoming our trustee as I think that they are trying to cover up some 'dodgy' work and as trustee they would have more control over us. They might also be able to cover their tracks!
The OR has said that perhaps they might owe us money, there was no payment made to any creditors and I paid over £10,000 into the IVA. They have stated that they have the blessing of the Inland revenue and we are not sure if they have achieved the 50%.

I'm afraid that this company have another agenda!
Thanks for replying
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[stuffed]

Hi Paul.
Yes we have assets of over £5,000 but these are tied up and may not be released for a number of years.
I really don't mind who is the trustee. I am just very scared that this company will have control of our lives for years to come.
We just want to move on and start again.

Sorry to seem such a whinger, it has been a very difficult time and we are at the end of our tether.

Thanks
Stuffed

[MelanieGiles]

I remember your case, and am sorry to note that you have ended up bankrupt. Would be happy to meet for a chat if you felt that would be beneficial.

[Reviva UK]

would recommend you do speak to Melanie as she clearly has knowledge of the case and will be able to give you professional advice.

[stuffed]

Help again!!

I have just received notice from the Official receiver to say that she is transferring our case to this firm and they will now become our trustee.
I have already sent the official receiver proof that this company have not yet accounted for the money paid into the IVA and that they still have over £3,000 of our bankruptcy estate. I am convinced that they only wish to become our trustee in order to cover this up!!

Is there anything that we are able to do about this?

Thanks again - just as we were beginning to move on with our lives!

[MelanieGiles]

This could have been dealt with in June as we suggested, when it might have been appropriate to object to the appointment. It is probably now too late, but you should ask the OR to confirm on what basis the appointment of the Trustee is being made.

[stuffed]

We didn't deal with it in June as the official receiver told us that she would be writing to the Insolvency practitioner to ask him to account for the money that he has already received. The official receiver indicated that she thought the Insolvency practitioner might owe money to the estate
We have been working abroad throughout July and August and this is the first we have heard about it. We were surprised considering the Official receiver had already been given your report on the IVA and details of the money that they were holding.
We wrongly assumed that the Official Receiver would be dealing with our Bankruptcy.

[MelanieGiles]

If you would like me to speak to the OR for you, please contact me directly.

[stuffed]

Thanks Melanie,
Can y ou let me know how I get hold of you?

[MelanieGiles]

Via my website please.