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Discharge (?)

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(@mazc75)
Active Member
Joined: 10 years ago
Posts: 14
Topic starter  

Hi
I really need some advice..
I entered my TD on 11/11/2011 for 42months, I assumed my TD would be automatically finished in May 2015. I made my final payment to my TD in Dec 2014, as I had queried their receipt of my critical illness payment from the insurance they made me take out on signing the TD. The insurance paid out over £7,000 and they have kept every penny in the TD account and as a gesture of goodwill stated I could stop payments 6months early (when I questioned the amount I had paid in plus the insurance payment was well over the amount of debt I went into the TD with!)
However, today I have received a request for the annual current status report from them (and what appears to be the 3rd practitioner that has 'worked' on my TD), I have called the number for the company and it has went straight to voicemail (I have left a message) and I have sent them a private message via their webpage asking them to contact me to sort this out. I can add that during the process I have had very little communication with them other than when I have pestered them for information. I'm becoming more concerned that this process may not end swiftly. I am aware that TD do require to be 'wound up' however, to be completely unaware that mine has finished and sending out requests for updates when it should be apparent it is complete is worrying me!
Any advice gratefully received!!


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

Hello mazc75 and welcome.

They made you take out insurance?

And a payout connected to that insurance was captured into the trust deed?

In terms of the information request that you've received, this might just be an automatic system firing it out on the date that it would otherwise be due. It might not be something you need to deal with.

The only way to check this will be to speak to someone at your trust deed provider - I appreciate that this must be frustrating if you've had no response today and because we're now heading into the weekend.

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


   
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(@mazc75)
Active Member
Joined: 10 years ago
Posts: 14
Topic starter  

Hi!
I suppose I'll just need to sit tight over the weekend.
Yes, they said I couldn't go into the TD without taking insurance through Pruprotect. I wasn't aware that there was a critical illness cover included until I received a random call from Pruprotect asking if I wanted to upgrade my insurance and when they asked if my health had changed I told them about the cancer I had been diagnosed with and they advised me to make a claim. When they offered to pay out £7,000 (as after treatment I went into remission and my cancer is likely to remain in remission) they said they had to pay it into the TD account as it was linked and when I questioned the TD administrator they said it was classed as a 'windfall' and despite my illness they were taking every penny. I knew they would take some of it but, not it all and they offered to let me forfeit the last 6 months payments (£1,200) which I accepted. I have however, never received the paperwork from this agreement and despite many requests I have never been given the detailed statement of account.
Has anyone else ever had issues with their company withholding information or lack of contact/communication. Each time my administrator has changed they haven't informed me, I have found out by chance. Has anyone else had any issues getting their company to discharge them?


   
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(@littlemo)
Estimable Member
Joined: 11 years ago
Posts: 102
 

Hi mazc75

Really sorry to hear of your bad times, i think personally this is sounding a bit suspicious on your trustee's part, i mean what respected TD organisation would cut a deal where they take your insurance payout for you to be offered a 6 month end it early deal!!! I dont think this sounds like normal practice i may be wrong but sounds not right...hopefully some of the experts will come on and help you more than i can, good luck to yourself and good continued health.


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

Hello mazc75.

It seems very odd that you were required to take out an insurance policy from which you could not benefit. Your trustee probably had little option but to collect this payout for the benefit of your creditors, and I guess at least you're getting to finish a little earlier than expected.

You're certainly entitled to be provided with the information you've requested and might want to consider making a complaint if your reasonable requests have been ignored.

Regarding littlemo's thoughts, I can envisage many circumstances where this scenario could be entirely normal and responsible. Without knowing all of the case details though it's hard to form a view.

I also wish you well with your health which seems to be by far the most important thing here.

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
 

It seems to me that the policy in question was only ever really to ensure that you could complete your obligations to your creditors in he Trust Deed if you were to suffer a critical illness. In itself, this isn't necessarily a bad thing, as long as the cost is reasonable and you are fully aware of the fact that the Trustee would have to gather in any payout. It seems they may have been sadly lacking on this last point.

It does seem the communication has been poor from your Trustee. As Trust Deed Assistant suggests, I wouldn't be surprised if the review letter you received was sent out by mistake and that it shouldn't need to be filled in. I hope your contact there gets back to you soon to confirm that. Maybe they can explain why your Trust Deed doesn't seem to be closed yet at the same time?

Did you receive your form 5 yet, mazc75?

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


   
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(@mazc75)
Active Member
Joined: 10 years ago
Posts: 14
Topic starter  

Hi!
Well believe it or not today I received a random email from my TD administrator apologising for the delay in discharging me. He had asked for me to fill in 2 forms, one to state which tax band I am in and one which is a pre discharge form to sign saying I am legally bound to give over any money which I might come into from the duration of my TD to them. He has said that as soon as he receives these forms signed he will prepare my discharge papers within a day or two howeve, my case shall remain open for the foreseeable future as they are currently still looking into missold PPI from 3 companies so my account must stay open for this.
So, I am looking to see if this is normal practice?? Despite being discharged I will still be beholden to them for a while yet.. How will this affect me in terms of now trying to repair my credit file? I understand that the TD will remain visible for another few years (6years from signing the TD I believe?).
Yes, Kevin and TDA.. I understand the insurance was 'protection' for them if I became too ill or died during the TD so that they could still benefit.
No explanation in regards to the lack of communication or delay was given, just an apology.
Kevin.. What is a form 5?


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

Hi mazc75.

Form 5 is a form your trustee will send to you to confirm your discharge. It becomes official when the Accountant in Bankruptcy record the contents of your Form 5 on the Register of Insolvencies (the AIB also receives a copy).

It's perfectly common for a trustee to remain "in office" to complete their work on a case after discharging their client.

Once you've been discharged you are entitled to expect that your creditors will update your credit file. You may need to push some of them to get this done though.

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


   
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(@mazc75)
Active Member
Joined: 10 years ago
Posts: 14
Topic starter  

Thanks TDA!
So they can continue to work on my account despite me being discharged? Will this have any effect on my ability to rebuild my credit rating?
Also can you shed any light on the 2 forms I mentioned before.. Are they common practice to allow them to continue the PPI claims? Can anyone access the register of insolvencies (ie: can I go online and check it to see when it becomes official?)
Sorry for all the questions!


   
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(@mazc75)
Active Member
Joined: 10 years ago
Posts: 14
Topic starter  

Thanks TDA!
So they can continue to work on my account despite me being discharged? Will this have any effect on my ability to rebuild my credit rating?
Also can you shed any light on the 2 forms I mentioned before.. Are they common practice to allow them to continue the PPI claims? Can anyone access the register of insolvencies (ie: can I go online and check it to see when it becomes official?)
Sorry for all the questions!


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

Hi again.

Yes - this enables a client to be discharged once they've completed their obligations even if the trustee still has work to do.

You're then entitled to expect that your credit status be updated to reflect your discharge.

You can check the Register of Insolvencies online via the AIB's website.

I suspect that if you don't complete those forms your trustee will feel unable to discharge you until they have finished their work on your case, but you'd need to check that with them.

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


   
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(@firewalker)
Reputable Member
Joined: 13 years ago
Posts: 440
 

Hi mazc

Congratulations on reaching the end of your payments.

I read you were asking three main questions.

1 - Is it normal for the Trustee to continue working on your Trust Deed after you are discharged. YES - as TDA has already indicated.

2 - Can you check ROI regarding the official status of your Trust Deed. Yes (not the best website or the most obvious way to get your information but it is there). Two things about this. You will remain registered there until one year after your Trustee is discharged, which is separate from your discharge. Nothing to worry about - just so you are aware it will show you discharged, and your record will remain visible until one year after Trustee discharge. It is what it is.

3 - Updating your credit files. You are correct that the defaults will remain on your credit file for six years after the signing date of the trust deed (or very shortly after that). When you receive your Form 5 (discharge document), you can start by checking the Default date on the credit reference agencies (Equifax, Experian, CallCredit / Noddle). If you do not know those, each will give you one month free although you have to give card details and they will charge you monthly after the first month. Noddle is free continually. Checkmyfile is less expensive and will give you the information for Equifax and CallCredit, only leaving Experian details out. You can also pay £2 for a paper copy from each.

I found the information on each was different so I had to refer to all of them to ensure they were all accurate. (learning curve).

You can then contact each creditor with incorrect date and request they change your Default date to the Trust Deed signing date. You can provide a photocopy of the Discharge. I recommend highlighting the Trust Deed signing date, or they may use the other dates.

Be patient, you may have to contact them a few times. From experience, I recommend you take a note of day, date, time and person you spoke to each time. I have just been awarded £350 plus £650 from two creditors, for the delay and ineffectiveness updating my record. I had records of all calls and letters to prove it.

I started with a credit builder card (high interest) - Aqua - about a year before the record was to drop off from my file. I also took out a Next card. Absolutely crucial they are paid on or before due date so your file for those accounts is all Green for good payments. By the time your Trust Deed drops off, these new accounts will have a record of good payments visible.

I hope this is not too much information for you and you find some of it helpful. Good luck.


   
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(@mazc75)
Active Member
Joined: 10 years ago
Posts: 14
Topic starter  

Thanks TDA and Firewalker!! Your advice is really appreciated and I will take it all on board in my quest to finish up my TD and make a fresh start.. It definitely puts things into perspective and makes you appreciate and respect money that's for sure!


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

Thank you to Firewalker for adding such a useful and substantial post on this subject and their own personal experience of it.

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


   
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