Hi CIF

Did you sign after 2008? If so I'm not sure what paperwork they are referring to as the discharge of an individual involves them sending you Form 5 and a copy of this to the AIB.

Mark

Yes Mark, September 2009 (things took a bit longer due to the equity/property buy out).

She said in her email that she was sending my discharge papers to the AIB therefore I should receive my discharge at the end of January. Something I should be worried about?[:(]

Hi CIF

Probably not, but it doesn't make sense to be honest. Your discharge papers need to be sent to you in Form 5 and a copy to the AIB. Reg 19 is quite specific and not open to interpretation.

Mark

Thanks Mark, I'll send another email. Just keen to get on with sorting things out.

Hi CIF

Probably best to ask exact what their closing process is, letter by letter.

Mark

Hi CIF.

I'm glad to hear things have got underway with this now.

It does seem that this firm is now starting to catch up after the changes that have happened there.

Thanks TDA. I have emailed them again following Mark's post. I'll post back tomorrow to let you know what they say.

I spoke to Apex today. They have said that historically the Form 5 can be sent out with the date of the last payment acting as the date of discharge.

However they have said that recent legislation means the date of discharge needs to come from the AIB. Once they have received the date from the AIB, they then put that on their Form 5 and send it to me.

Does this make any sense to you Mark or TDA?

Hi CIF

I see where they are coming from, but it was not a change in legislation, just process. It used to be that the formal date of discharge could be final contribution payment date, but the AIB changed this so the formal date of discharge is on on receipt & registration of the discharge in the ROI.

Looking at the legislation, there is no real way to forward a Form 5 to the AIB and then complete the date on the real Form 5 ( Your one)and issue to you once they have a discharge date. The reason for this is that Regulation 19 clearly states that the AIB will receive a COPY of the Form 5 SENT to you. The Trustee's system appears to issue a Form 5 to the AIB for your discharge, receive a formal date of discharge and then amend your Form 5 to show the date, which can't be done as the AIB should receive a copy of yours, not a copy which has been subsequently altered.

It just me being my semi pedantic self, but I suppose the good new is however they are doing it, it will result in your discharge.

I hope you understood the above, as I will be deleting the post and testing you on it later!

Mark

Hi CIF.

We've read here for years that different firms and trustees interpret the trust deed rules and guidance in slightly different ways.

I guess it's probably best just to focus on the big thing here... you've completed your obligations the process of your discharge is now happening. The rest of it is just details that won't matter to you at all very shortly.

lol Mark, I've had enough tests in the last four years but yes I understood your post.

Thanks again to yourself and TDA. As you say, the main thing is that the discharge is being processed.

I've give it a few weeks then I'll start getting on to the many, many creditors and finance companies to start updating their records. Might start now with NRAM actually as they have recorded by unsecured loan as defaulting eight months after signing my TD.

I'll post once the Form 5 comes through.

Hi CIF

I tried as hard as possible to put the words Form 5 into the post as many times as possible!

It's good news that they are progressing to close the case and issue the discharge. Keep on their backs to keep them on their toes!

Mark

A step closer, AIB have marked their website as me being discharged from 20 January. Not long now.

That's it CIF.

You've been discharged!

Congratulations on completing your trust deed.