Discharge from my c...
 
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Discharge from my creditors

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(@bob1508)
Eminent Member
Joined: 13 years ago
Posts: 22
Topic starter  

Hi,
I signed a Trust Deed about 6 months ago and last month i got a letter asking me to sign for PPI forms. I did and sent them back. Last week i got a call from the trust saying they have not got the forms. I told them that another set of forms turned up the week i sent the first forms so i assume that they crossed in the post. I said i would send the second set back asap, but when i was home i couldn't find them. I called and asked for another set to be sent out. A couple of days later i got a call again saying they still don't have the forms and class this is non-cooperation. I could not talk because i was at work but they said they were going to go for sequestration. Today i got a letter saying the following.
I therefore taken the decision to seek my discharge as trustee from your creditors. This will remove any legal protection the trust deed provided and allow creditors to pursue for their debts.

1) What does this mean ?
2) If this happens, can i apply for bankruptcy and when ?


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

Hi Bob1508.

If that happened it would essentially be the trust deed being failed. You'd most likely be back to square one, with bankruptcy perhaps being one of the options. Once discharged you'll be free to do this.

Depending upon the circumstances it's probably best avoided if you can persuade your trustee to change their mind. In bankruptcy, if you can afford it, a new three year payment period will begin.

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


   
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(@bob1508)
Eminent Member
Joined: 13 years ago
Posts: 22
Topic starter  

Hi,
Thought the bankruptcy route was 1 year, I have no assets.The current Trust just didn't give me a chance and the staff were more abusive than any debtor i had. Don't think they will change there minds now.


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

Hello.

Discharge will be after a year, but contributions (if affordable) will run for three years.

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


   
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(@upstream)
Reputable Member
Joined: 14 years ago
Posts: 251
 

You are discharged from being bankrupt after one year but if you have disposable income at the start of the process, you are still required to pay it for 3 years, as in a Trust Deed.

Glad that's over with....


   
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(@upstream)
Reputable Member
Joined: 14 years ago
Posts: 251
 

Oops TDA types faster than me.

Glad that's over with....


   
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David Tannock
(@david-tannock)
Famed Member
Joined: 12 years ago
Posts: 2581
 

Hi Bob1508,

Have you commenced with your payments to your Trust Deed since you entered into this 6 months ago? Is there any other reason apart from the PPI forms that your Trustee could be taking this stance?

David is not currently posting in the Trust-Deed.co.uk forum


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

Seems very harsh. You do have a right to appeal against this happening if you so wish, Bob1508.

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


   
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(@bob1508)
Eminent Member
Joined: 13 years ago
Posts: 22
Topic starter  

Hi,
Thanks for replys. At the beginning of the trust (Feb 2013) the trust was very abusive to my wife on the phone, saying i was not co-operating so i asked for that person to stop all contact and put everything in writing to me from then on. Now, i know what your thinking, i must have done something wrong. Yes, i e-mailed the trust (3 times)asking for them to look at my payment as my electric and gas went up by £70 a month. i pay £275 a month. Stupidly a reduced the payments to £200 after no contact was made, hoping they would then respond. In the meantime i got a PPI form. sent it back signed and still nothing over 2 months later. Then, a call again this time from a young lady being given instructions from someone saying that they have not received the PPI forms and that i was not co-operating. I said i was at my work (in an open office) and they said, fine, that's it then. Again the young lady was being given instructions from someone in the background. I'm now in limbo. no more contact and i have stopped payments if i have to start again. The Trust is part of the site. Help! Can i apply for Bankruptcy. Can i ask another Trust to take me on. What!!


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

Have they ever heard of recorded delivery?


   
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(@bob1508)
Eminent Member
Joined: 13 years ago
Posts: 22
Topic starter  

Sparky
it was a business reply letter, i did offer to send the second lot, recorded by no reply ?


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

Hi Bob1508.

It would seem that you and your trustee have polarised and very different views about what's happened up to this point.

Unless and until you're discharged you cannot apply for bankruptcy or start another trust deed.

You are in limbo I suppose given these circumstances, so opening positive communication channels with your trustee may be the best way to move forwards ( one way or another) and to know where you stand.

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


   
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