A few PTD questions
 
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A few PTD questions

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(@giz73)
New Member
Joined: 15 years ago
Posts: 3
Topic starter  

Hi,
I clearly never chose the right firm to go through my PTD with. I am now in to my 10th month in waiting for discharge and any delay in this has been due to the company involved and the negligent way in which they have dealt with my PTD.

My first question is to ask who the regulators/governing body are that I can make an official complaint to regarding this?

Secondly, I am looking to sell my flat and move due to a work opportunity. The ?รบ500 fee for my trustees interest in my property has been paid but they still say that if I sell and make any money from the sale they will be due this money. I am likely to make 10-12K on my property which I was hoping to use to re-locate. Would my trustee be due all the proceeds from the sale or only a percentage?

Thirdly, as noted previously I have waited 10 months for discharge and I am still being told it will be another 2 -3 months with the closure team, the excuse I am constantly given is that they have a backlog!! When I am discharged will it be dated from that date or the original settlement date?

Rant over!

Thanks in advance for any advice.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hello Giz73,

I really cannot understand why a Trust Deed should take this long to finalise unless there are special circumstances. It seems incredibly unfair upon you.

Standard advice regards complaining would be to:

1 - Write to your Trustee personally (the individual named on your paperwork) setting out your concerns and requesting a response and solution within a fixed reasonable period of time. Make it clear that you will proceed to contact their regulatory body if the matter is not promptly resolved. Most Trustees would prefer to avoid complaints being taken to their regulator and take the opportunity to put things right.

2 - If you do not get an answer, or you are unhappy with the answer, you can complain to the professional regulatory body of that individual (which should also be listed on paperwork you receive... it may very well turn out to be ICAS).

I'd suggest that you hold off selling your property until this is all resolved.

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


   
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(@giz73)
New Member
Joined: 15 years ago
Posts: 3
Topic starter  

Thanks TDA for your prompt response and for your help.

Having looked through the sight and forums I so wish I had seen the website before I entered in to my PTD as the advice and info that is here is invaluable to someone thinking of entering in to one.

I cannot believe the problems I have had and needless to say the company involved have come in for some criticism on these boards quite a few times before. Due to the neglectful, insensitive and totally unprofessional way in which this has been handled I will be taking this as far as I can.

Thanks again for your help


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Good luck with that Giz73 and please let us know how you get on as some other readers seem to be in a similar position.

As you rightly point out choosing a Trust Deed company is a decision to be taken carefully. The process should be no different to making a major purchasing decision about any other kind of service or product.

Every company is offering a Trust Deed, but the quality with which it is delivered and managed seems to vary a lot.

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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

In respect of you selling your property, Giz73, I think trust deed assistant is right to say that you would be wise to wait until your trust deed has been closed.

However, having said that if you check the wording of your trust deed you may well find that it stipulates a time period of 3 years and therefore it could be argued that any profit from selling your house now should not need to be paid to your trust deed.

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


   
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(@giz73)
New Member
Joined: 15 years ago
Posts: 3
Topic starter  

Thanks for all your info on this matter and after puting in a written complaint to my trustee it looks like I will be discharged this month.

What now annoys me is that I am a year futher down the line from my completion date (sept 2009) and my discharge will be dated sept 2010. I am looking to move with work and I am being told that I will not be able to get another mortgage within 12 months of my discharge. Now this 12 month delay is all down to the Trust Deed company dealing with my PTD and not through any circumstances of mine.

Is there anything that can be done on this? Can the discharge letter/date be back dated or is it just my tough luck that my Trust Deed company have been hopeless and have admitted as much after I complained in writing? Or could the TD company put a letter in with my discharge explaining my circumstances which may help.

Thanks


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

I think it might well just be a case of tough luck I'm afraid Giz73. I suppose it may be useful to have some kind of letter from your trustee to say that your discharge was delayed through no fault of your own, but whether it would make any difference to a prospective mortgage lender is another matter.

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


   
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