wife and i went bankrupt in 1996. secretary of state trustee was appointed years later to sell house. creditors were paid in full with some spare which the trustee kept as he then charged double which he said was because we were dragging our feet. Is there any way we can take him to court over his actions and claim back our money.
Unfortunately you are dealing with a protracted case, which means it is dealing with the old rules of Bankruptcy prior to the law changes in April 2004.
However you can make a complaint against your Trustee whereby the issue will be investigated.
The Enterprise Act did not change anything with regard to a debtor challenging the level of a Trustee's fees, so this remains possible but will involve a Court hearing leading to the fees being assessed via taxation.
If you are serious about lodging a claim, do bear in mind that you may have costs awarded against you in the event that the challenge is unsuccessful. How much has the Trustee charged as a matter of interest?
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
any way we can take trustee to court
Posted - 14 May 2008 : 14:37:06
