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18 months for discharge letter

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(@triumph2-3)
New Member
Joined: 12 years ago
Posts: 3
Topic starter  

I have completed my 36 months trust deed , I still do not have a dischsrge letter 18 months after final payment.
I have been told that a new Tax law is holding up the release.

Surely this is wrong , Is there anything I can do. Is there any time limit that will force the discharge any sooner



   
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Rob Hardie
(@rob-hardie)
Estimable Member
Joined: 13 years ago
Posts: 196
 

Hi Triumph2.3

Unfortunately there is no automatic expiry date in a Trust Deed. You may be relaxed when the Trustee is satisfied that all assets have been realised, all contributions paid, investigations complete. It is common for discharge to be delayed while PPI is investigated, even for periods of 18 months unfortunately. There is an argument that the Trustee may discharged you when you have fulfilled your side o things, leavin the Trustee to ingather the PPI. However there is also the argument that you may not be discharged, in case you receive any TD funds direct and hey are not passed on to the Trustee.

Do you have any further info re the tax law? Is it a tax rebate you are expecting to receive? It is not clear what the Trustee is trying to do.


Rob is not currently posting in the Trust-Deed.co.uk forum.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hello Triumph2.3 and welcome.

Which month and year did you sign your trust deed?

I think this might be to do with a not very recent VAT ruling that affected insolvency practitioners.


Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

'A new tax law'? Well that's certainly a new one on me.

If you signed after April 2008, there is nothing stopping your discharge if all payments have been met & any assets dealt with.

Mark


Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@triumph2-3)
New Member
Joined: 12 years ago
Posts: 3
Topic starter  

Hello, Thanks for your reply

I signed my trust deed on 22nd Sept 2008

I recieved a letter on 25th Oct 2011 - All income based contributions have been paid, no longer have an intrest in property, All PPI funds recieved and my trust deed is now running for administration purposes only.

Advised that my creditors have untill 1st Dec 2011 to submit their claimes and supporting documentation

I have called them and they have advised that they are awaiting some Tax relief for work they done through my trust deed which they can claim back ?



   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hi Triumph2.3.

This sounds like the VAT issue I mentioned before.

To be fair most trustees have found themselves able to discharge their client (if not themselves) while working on sorting out this VAT challenge. I'm really not sure why your trust deed provider cannot do that for you.


Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

Ask your trustee to arrange your discharge (Form 5) - there is nothing to stop them doing so but remaining in office themselves to tidy up the VAT as and when.


Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@triumph2-3)
New Member
Joined: 12 years ago
Posts: 3
Topic starter  

Thanks for this advice , I will let you know how I get on.



   
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