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Discharged trust deed

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(@kathyt)
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Joined: 10 years ago
Posts: 13
Topic starter  

My trust deed was discharged in may2015, I am now selling my house and have just been informed that it's not really discharged and that I have to pay 100p in the pound from equity of sale even though house price was fixed at set price in 2011
Any feed back would be very welcomed.

K.t.23


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

Welcome to the forum kathyt.

Could you please clarify matters regarding your discharge please?

If you search online and find the "register of insolvencies" you'll be able to enter some of your own personal details to bring up a record of some key events related to your trust deed.

One such key event will be your official discharge (Form 5) - could you please tell us whether your discharge is registered there and what date is entered?

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


   
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(@kathyt)
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Joined: 10 years ago
Posts: 13
Topic starter  

I have form 5 it's dated 29th May and says letter of discharge of debtor it was a protected trust deed?

K.t.23


   
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(@kathyt)
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Joined: 10 years ago
Posts: 13
Topic starter  

I can't get details from insolvency register but I was told today that I'm not fully discharged until section 6 and section 7 is complete . What is this?

K.t.23


   
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(@kathyt)
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Joined: 10 years ago
Posts: 13
Topic starter  

I can't get my details to come up on insolvency register .
I was told by creditfix that although I have section 5 discharge I don't have section 6 and section 7 . What are these ?

K.t.23


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
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Hi again.

Form 6 is where your trustee is seeking to be discharged from your trust deed. It happens once they've finished their work on your case.

Form 5 (your discharge) happens before that, but it becomes official only once loaded onto the register of insolvencies.

Usually any hold on your home is released as part of your discharge, so the situation and information you have been given does appear to be a little confusing.

I'd like to hear Kevin or David's thoughts about this when they next visit here.

Has your home actually sold at this stage?

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


   
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(@kathyt)
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Joined: 10 years ago
Posts: 13
Topic starter  

Sale date is 4/12/2015 and missives are binding, this is a major shock to me as now the trustee rep is saying that I am lliable for a considerable amount of money even though I have followed all rules and paid everything that has been asked of me ,I've got my discharge letter and trust deed is marked as discharged with Equifax. Help.

K.t.23


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

Hi kathyt,

Has your Trustee explained why they are asking for the money from the sale when you have received your Form 5 discharge? I think you are going to have to ask for this to be set out in writing to enable you to fully understand their position. Sometimes speaking with an advisor on the phone and asking for something confirmed in writing can mean different advice is given as someone more senior needs to approve a letter in writing.

Also, what was the agreement at the start of your Trust Deed regarding your property and your equity?

Finally, how much do you stand to make from the sale of your house?

When we discharge a client from a Trust Deed(Form 5) and before the Trustee is discharged a client decides to sell their house we allow this to happen and don't look for the equity.

Unfortunately your property sale may not conclude on Friday until this issue has been resolved.

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


   
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(@kathyt)
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Joined: 10 years ago
Posts: 13
Topic starter  

Hi David thanks for reply , she has said verbally and in an email
""That I can confirm the Trustee is still in office ,as such the that the trust deed is not closed"
If your property I sold while in the arrangement your creditors will be paid in full.
To pay your creditors 100p in the £ , £25,870 will be due to the trust deed from the sale of your property .
I don't know why it is still in office as I presumed that it was all over with the Form 5 discharge . Any help would be welcomed.

K.t.23


   
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(@kathyt)
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Joined: 10 years ago
Posts: 13
Topic starter  

Sorry David , agreement at onset off trust deed was that I paid £250 per month for three years , then an agreed figure of £4570 which I agreed to pay by continuing to pay by way of £250 per month . I did this until roughly May this year when my payment started being returned to my account , shortly after I received Form 5 discharge letter and rightly or wrongly presumed all was settled . Have not had any contact with trust deed people since then until yesterday .

K.t.23


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

Hello kathyt,

Did you receive any correspondence around the time of your discharge advising you against disposing of any assets until after your trustee had been discharged?

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


   
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(@kathyt)
Active Member
Joined: 10 years ago
Posts: 13
Topic starter  

No I only received a letter stating "As you have complied with the terms of your trust deed. I enclose your Form 5 .
This is your confirmation you are now discharged from the trust deed.

K.t.23


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

Hi kathyt,

Given that the sale is due to take place tomorrow I think it's important that you quickly:

1 - Reach out to your trustee personally to see if this can be resolved with them.

2 - Obtain advice from a solicitor (with experience in the field of insolvency) if you are unable to resolve matters quickly and directly with your trustee.

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


   
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(@kathyt)
Active Member
Joined: 10 years ago
Posts: 13
Topic starter  

Thanks tda , I am in ongoing contact this morning with trustee and have taken legal advice from insolvency solicitor. Will keep you posted.

K.t.23


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

Good luck with this kathyt.

It must be a massive worry - I do hope that you're able to resolve everything in a way that you're content with.

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


   
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