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Topic starter
25/06/2015 6:26 pm
Hi there just looking to get some advice regarding my discharge if possible and wondering if I'm just being impatient?
I entered my TD and received protected status in December of 2011 and had no assets available. I owned a home with my ex partner, however we sold the home at a loss approximately 1 year before I accrued any debts and entered my TD. As my partner had put down the deposit, anything that was left from the sale went directly to her.
During my trust deed unfortunately I missed a number of payments in year 2. I contacted the person who was dealing with my case regarding these missed payments
And was able to agree with him that I could afford extra towards my payments to make up for the shortfall. this went well until after a yearly audit last year and my payments were increased and was no longer able to make extra contributions towards these arrears.
Just before the end of my TD I received a yearly stament which went to myself and my creditors. This letter stated that my trustee had discussed with me extending the length of my trust deed until the arrears had been fulfilled. This was a complete fabrication and had never been discussed with myself at any point, and I fact I had made an agreement with my new partner that she would help me with settling these arrears so that I may end my TD. We paid off these arrears in January of this year and was told that it would take around two to three months for my discharge.
I contacted my TDP on May the 14th to check on the progress of my discharge and was told that my discharge was to be prepared tomorrow and sent to my trustee for signing and that it should be ready by the following week and an email copy and hard copy would be sent to me. By the 11th of June I hadn't received anything so contacted them again to check on the progress. I have just today received a response which contains no update on my discharge letter but instead asks me to contact them regarding the property I mentioned at the start of this blog. Why are they asking for this now? Everything was explained to them at the start of my TD and all proofs regarding these matters were sent to them when requested.
Sorry for rambling on but just trying to give as much information as possible and have seen that one person had to wait 8 months for a discharge. But when they've told me two to three months I kind of hoped it would only take that long?
26/06/2015 9:05 am
Welcome to the forum Pete83.
I think the "fabricated" element of the letter that you mention probably just relates to the use of template letter formats. Whether the matter had been discussed with you or not, it's likely that any trustee would have felt obligated to collect these arrears.
I suspect your trustee needs to have sufficient confirmation on their file that nothing untoward went on with the sale of the property that was jointly owned with your ex.
The circumstances you describe may well turn out to be justified and acceptable in the view of your trustee - but they may need to exclude the possibility that your creditors were unfairly treated by you gifting your share of the proceeds of a jointly owned property to your ex.
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26/06/2015 9:08 am
I think the fact that they are asking about the property suggests that they are making their final checks before putting through your discharge.
Hopefully it is just routine and they will be satisfied that it has all been accounted for satisfactorily already. Did your Trustee send you an agreement in writing at the start of the Trust Deed which mentioned the prior property sale at all?
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Topic starter
26/06/2015 10:33 am
Hi thank you for your responses. Sorry for sounding like I was having a rant but was just looking to get a few things off my chest I suppose. Been a frustrating time caused through no fault but my own which is thankfully coming to an end and just looking forward to seeing the back of it all and moving forward
I guess I just thought it was a strange thing for them to say to my creditors that the matter had be discussed with myself when it hadn't, however I do fully agree that all arrears had to be paid.
Regarding the sale of my property this was done before I took out any of the loans I got into trouble with so was also unsure why they would need to take this property into account? All my loans were registered at my new address and in my name only.
I have spoken to my TDP just this morning and they have confirmed that the only thing holding up my discharge is they need confirmation of who paid the deposit on my previous home and it is merely tying up loose ends for my discharge as suggested Kevin.
How do things work once my discharge letter is issued? Is its case of my TDP will then contact my creditors to distribute the money between them an sincerest is settled hewillthen be discharged or is there more to it?
26/06/2015 11:27 am
Hi Pete83.
You may well be right - your trustee might not believe that this property needs to be taken into account due to the circumstances that you describe.
They'd need to look into it though so the matter was covered. In other instances they might find someone has deliberately given away an asset to avoid the value going to their creditors - something they might feel that they need to address.
From what you're describing it looks like you're going to be fine.
Your discharge is the main event as far as you're concerned - there's nothing to hold you back once this happens.
Your trustee will discharge themselves once they've finished their work (which includes paying your creditors) but this isn't really much concern of yours once you've been discharged.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
