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(@sparky1)
Reputable Member
Joined: 12 years ago
Posts: 277
Topic starter  

Hi all, when an IP applies for their own discharge do they have to give 14 days notice to creditors to object?


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

Hi sparky1.

I believe so. Hopefully Mark, Kevin, David or Rob can confirm for you soon when they next visit the forum.

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


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi sparky

Yes, it's part of the process. Very generally Form 5 is issued & discharges the person in the trust deed & becomes effective when registered by the AIB. The Trustee then seeks his own discharge from the creditors by issuing them with form 6. The trustee's discharge is effective after 14 days. The trustee then issues Form 7 which summaries the receipts and payments throughout the trust deed.

Hope this helps.

Mark

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


   
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(@sparky1)
Reputable Member
Joined: 12 years ago
Posts: 277
Topic starter  

OMG the AIB website now shows that I have been discharged as of the 11/10/13, so 14 days from now my IP will be discharged and that's when I get form 5 in the post--- Feeling HAPPY its coming to an end.


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

Congratulations on your discharge sparky1!

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


   
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(@sparky1)
Reputable Member
Joined: 12 years ago
Posts: 277
Topic starter  

Thanks TDA, was just surprised that I was discharged but they are holding back my form 5 until my IP is discharged it seems pointless as my discharge is already registered.


   
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(@bravator)
Eminent Member
Joined: 12 years ago
Posts: 42
 

Having the same problem sparky1, ours says discharged on the aib sight on the 13/09/13 and I still don't have my form 5 [:(!], also I'm still waiting on ip signing of due to 2 of my debtors saying no to ppi claims by my ip, so they are contesting this which is taking ages... Hopefully both be free soon to get on with lives and clear our credit files!!!


   
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(@sparky1)
Reputable Member
Joined: 12 years ago
Posts: 277
Topic starter  

Hi Barvator, has your IP remained in office to sort out ppi claims then? Thankfully, all mine have been completed. The thing that held up my discharge was creditor claims against my trust deed. You read to often on here that different firms work in different ways some good and some bad; If I don't get my form 5 w/c the 28th I think I will blow up, had enough now.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi Sparky

Your trustee has it wrong. In terms of reg 19 he must send you Form 5, being your discharge, and a copy to the AIB.

Mark

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


   
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(@sparky1)
Reputable Member
Joined: 12 years ago
Posts: 277
Topic starter  

Mark where do I go from here, is it worth contacting the Aib will they contact they contact my IP


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

Speak to your trustee again sparky1. If you are discharged on the Register of Insolvencies then you should have a Form 5.

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


   
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(@sparky1)
Reputable Member
Joined: 12 years ago
Posts: 277
Topic starter  

Hi just an update. I've spoke with the AIB, they said they have sent a letter to my IP saying that my discharge has been registered and that I should now be informed of this in writing. What they did say is that the letter from the AIB to my Trustee may take a few days to arrive then I should phone them as there is no reason for them to withhold form 5 as you have already said.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi sparky

The key thing is you are discharged, however you should have received Form 5 and a copy sent to the AIB at the start as they have no right to withhold this.

Mark

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


   
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(@sparky1)
Reputable Member
Joined: 12 years ago
Posts: 277
Topic starter  

Hi Mark,

I've dropped my IP an email saying I have contacted the AIB and reminded them that there is no reason for them to hold form 5. So I'll be a popular name around the office for a Monday morning.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi sparky1

You should also ask them to confirm that they have discharged the inhibition which is a condition of the discharge. That would make you mega popular. They'll probably think you are a mystery shopper!

Mark

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


   
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