If you have been discharged then the inhibition against selling your property must have been removed first. I don't believe the Trustee has the ability to stop you selling your property and I don't see how they can ask you for any payment from the proceeds never mind enforce such a request.

Hopefully the solicitor you spoke to will sort this out for you.

Thanks Kevin , my thoughts entirely, have sought legal advice and house sale tomorrow
may still go ahead . Will keep yourselves informed on any developments.

Please do kathyt. Best of luck.

Hi thought I would give an update on my situation ,my house sale has still not went through and creditfix my new trustee after Pjg recovery was taken over , has now told me they will accept £2,500 and £680 legal fees on sale of house. At the moment My house sale has not completed because creditfix have not completed there paperwork Theyhave changed my trustee and never informed me after my last trustee left , this I just found out 5 days ago . They have certainly got some hold because my conveyance solicitor is waiting for credifix's lawyer to complete legal papers before allowing my house sale to complete.
I don't know for sure but I don't believe the inhibition against selling my property was ever removed.

That feels strange kathyt.

We've heard from our experts in the past that releasing an inhibition is part and parcel of providing a client with their discharge.

Hi kathyT,

Sorry to hear that this is causing you an issue.

Have CF advised on what basis they believe they are entitled to receive some of the funds from the sale of the house? Ask them to clarify this under what section of the legislation and to confirm it in writing.

Let me dig out that regulations in the morning when I'm back in the office and come back to you on the Form 5/recall of the inhibition part. I'm having a bit of a memory blank as my youngest isn't sleeping too good at the moment.

It shouldn't take CF that long to recall the inhibition, a couple of days max.

Hi David , they say are entitled because trustee is still in office
Inhibition has not been signed of because they say Pjg did not do PPI investigation .
Inhibition is signed of when they discharge it.
My trustee changed on 22/06/15 and deed of assumption was signed same date.I was never informed of this and have been told that there was no obligation to do so as there was no material change apart from the fact they had started to return my monthly payments into my account at the same time that I received my Form5 discharge (occurs to me that if I had received such notice I would have contacted them to ask why as I had presumed that it was all discharged.
Hope your youngest had a good sleep .

Regulation 24 of the Protected Trust Deed Regulations 2013 states that in order for a debtor (ie you) to be discharged, the trustee must first recall the notice of inhibition. It has nothing to do with whether the trustee is discharged or not.

There simply shouldn't be a situation whereby you are discharged but the inhibition is still in place.

Thanks Kevin, something not right with it all, but my house is not sold yet as we are waiting now for creditfix,s trustee to approve and sign of the disposition as they have hold over it .Have been told it should be done by Monday then hopefully this part of the madness ends.
Will definitely be seeking legal advice into this whole situation after it's been completed.

Sorry for jumping in on this. I am facing a similar situation. Was discharged in August 2014 by PJG just before getting a letter to say my trustee changed to CreditFix. However, I had my form 5, register of insolvencies was updated and credit file shows discharged 21.08.14. Last week I put my house on the market and already there are people interested in viewings. Today I receive a letter from CreditFix with another Form 5 informing me of my discharge and advising me that the trustee is investigating PPI and will not discharge themselves until this is resolved and they cannot put a timescale on how long that will take. In the meantime I should not sell any property or assets between the period of my discharge and their discharge. This is because while the trustee remains in office, the net proceeds of any asset sale would form part of my trust deed and will be paid to the trustee for the benefit of the creditors.

Reading the advise above and looking at the regulations this does not sound legal. I have responded via email and copied section 24 of the regulations. What should I do next?

Many thanks

I think you need to wait for a response SuziW and judge next steps from there.

If it's of imminent importance you may wish to obtain legal advice.

Thanks Amy and Kevin for the advice above. I spoke with Accountants in Bankruptcy this morning who confirmed what Kevin said above. It is black and white in the regulations (also Section 19.1.b in 2008 for anyone who entered before 2013), there should really be no case for argument against this.

CreditFix called me to apologise for their error and confirmed that all inhibitions had been lifted, they would double check paperwork today and confirm in writing.

I must say it's a huge relief and yet again this forum has really helped me out.

Thank you

That's great SuziW.

Glad to hear you got the answer you'd hoped for.

Wonder what happened with Kathyt's house.

I was wondering the same Firewalker - and whether if money was paid as discussed above whether that will now be refunded.