Hi there,
I have been in a protected trust deed for just over 3 years now. My final payment was made in April. I received a letter from my trustee in September to say they would be drawing "final remuneration in respect of the anticipated costs to bring the TD to a conclusion" and to "recover any outstanding disbursements". They also included a copy of the letter which they were sending to the creditors in relation to this, they also included a photocopy of a form 5 which they advised has been sent to the AiB. The Form 5 also has the following notes on the bottom of the page...
1. States a copy of the form 5 will be sent to the AiB.
2. States "a letter of discharge is not appropriate where the trustee does not consider that the debtor has made full and fair surrender of her estate"
3. States "a letter of discharge does not discharge the debtor from any liability arising after the date on which the trust deed was granted or any debt which would be excluded from a discharge under section 55(2) of the act"
What exactly do points 2 and 3 mean?
I understand from the correspondence being sent to the creditors that I have fulfilled my PPI obligations and they recovered monies, therefore no further monies are due in respect to PPI.
I don't have any estate as I rent my property I don't own any or have any assets, as I still have finance on my car.
However also in the letter they have stated that it is necessary for them to remain in office as trustee until final dividend has been paid to the creditors and the trustees application for discharge is successful.
I am not sure if all this means it's all over and everything is now done and dusted or not! I have checked my credit report online and it states that my status is "discharged". Or is the process still live given that the trustee is now waiting to be discharged and if so how long does this take to happen?
I hope all of the above makes sense to someone!
Thank You
Welcome Lowe2bx.
Form 5 is good news. Once the AIB has received it and updated the Register of Insolvencies accordingly you are officially discharged.
Point 2 seems to be implying that your trustee can only discharge you once you've completed your obligations. If they've issued Form 5 it seems they agree that this is the case.
Point 3 confirms that only qualifying debts are discharged - there are a small number of debt types that do not qualify. If this applied to you I'd be almost 100% certain you'd have been told about this already. It's also confirming discharge applies only to debts that existed when you first signed. New debts taken out after that time would not be discharged.
As far as you're concerned, it's over. The trustee will finish their work then apply for their own discharge (Form 6). A year after their discharge your name will be removed from the Register of Insolvencies.
So, it all seems like good news.
Thank you TDA, really appreciate your response it doesn't seem to sink in that it's complete, doesn't quite seem real!
As I mentioned I don't have any assets at the moment however my car finance will be complete in a few months which I presume therefore would become an asset in my name, if the trustee has not been discharged by that point and even though I have been discharged myself would this mean that they could come back to me and ask me to sell the car or instruct me to make any further payments at that point?
Thank You
I don't think your trustee will have any interest in your car Lowe2bx.
By all means have a chat with them to reassure yourself, but I very very much doubt they'd have discharged you if they expected to take an interest in it later.
Thanks for your response Kevin.
I have been checking the AiB website and whilst the "debtor discharge date" for me has been entered I notice that the there is still no date inserted for the "trustee discharge date", how long does it normally take for the trustee to be discharged after the debtor?
There is also a section that states "exclusion of family home" then the word "false" entered; what would this mean?
Thank You
Hi Lowe2bx.
I'm afraid there is no useful average time until trustee discharge that we can give you. It will happen when they finish their work on your case. They may be delayed by third parties, especially in connection to PPI, and often have little or no control over the delays.
The exclusion of family home entry is, I understand, little used. It relates to an explicit agreement at the start of a trust deed to ignore such an asset (which the creditors have consented to).
Hi TDA & Kevin,
I know earlier in this topic you advised me that there was no average time frame that you could advise, but just wondered if we would be talking months or years. As you know I was discharged in October 2015, and received a copy of a form 5. However, there is still no debtor discharge date showing on the AIB register.
I contacted my Trustee in May and they advised me of the following;
"Your Trust Deed is currently still Pending Closure. All creditors have been paid their dividend, the Form 6 which is the Trustee discharge has been drafted and is awaiting review. Once reviewed it will be packed out to both yourself and your creditors. There is a 14 day expiry on the Form 6. Following this, the Form 7 will be drafted and issued direct to the Accountant in Bankruptcy to inform them of the Trustee's discharge. Upon receipt of this they will then update the Insolvency Register accordingly".
Is it normal for this process to take so long?
Thank You
Hi Lowe2bx.
I think it would usually be months rather than years. It all depends on the work they need to do and the priority they place upon doing it though.
Every case and every firm will be different.