I entered a Trust Deed in Feb 2010. Unfortunately I lost my job a while after and was never really able to keep up with the payments which led to them ending it in Feb 2013.
Things have changed in recent years and we are in a much better financial position and are currently putting all of our money towards a mortgage deposit.
Here's where it gets tricky...
According to my credit file, the Trust Deed will be removed on Feb 18 this year but as this wasn't fulfilled I am guessing there will be huge problem for many years to come with obtaining any sort of credit, especially a mortgage.
I have managed to get a credit card 18 months ago with a low limit and also a mobile phone contract with phone. Hopefully when these get a bit older, my rating will increase but that black mark may still be there.
Here is what it says on my credit file entry.
Entry number: J1
Name XXXXX
Case Number XXXXXX
Details UNKNOWN
Amount false
Information Source Edinburgh Gazette
Record Details
Date 18 Feb 2010 Information type Trust Deed End Date 18 Feb 2013
Any advice or insight as to what I can do?
Welcome to the forum Thommohawk.
When you were discharged in 2013, were you also discharged from your debts?
Looks like the entry you mention below will fall off your report in the next month or two.
How did they end it? Did you get discharged? (Form 5)
My TD just fell of my record in December 2015, however I was discharged.
Thank you, happy to join.
They sent me an angry letter but I was working away from home long term at the time. When I got home it had already been cancelled.
It was only a 3 year trust deed and ended bang on the 3 year mark.
Forgot to mention that back in November I had funds arrested from my bank from Scott and co. without prior notice. When I enquired they told me it was Stirling Toner. I thought it would have been either the final payment or admin fees. 544.52 was the amount.
Could be totally wrong, but I think six years is the maximum time a TD can be on your account, regardless of completion or not.
The defaults on the other hand might be an issue, presumably your creditors logged these default later than the TD start date? Mines certainly did.
Hi Thommohawk.
I think you really need to find out whether you were discharged from your debts.
If your trustee didn't do that, the creditors that were in your trust deed are likely to reappear looking for their money.
Really? Nobody has came looking yet and the debts were accrued a long time ago. Early to mid 2000s and they have no record on my credit file.
So there is a good chance they can come back?
If the debts weren't discharged then you'll still owe them I'm afraid.
Such debts can be revisited, often by debt purchasers that have acquired them for small sums of money.
Very important to know where you stand, and especially if you aspire to be a homeowner soon.
Right...
Luckily we have a bit of cash tucked away to pay off any debt. It would just be a bit of a shame to dip in to our savings.
Tried to find a website for Stirling Toner with no luck. I'll just have to call them on Monday and see what they say.
Good job I'm checking this now as a nasty surprise would have been a shocker.
So on my credit file, is there somewhere that it would say 'discharged' anywhere?
The part that stands out to me the most is where it says 'Amount False' and also the details unknown part.
I have just found this information.
In a Trust Deed, your monthly repayments are calculated on what you can realistically afford, you should take care not to agree to anything that is not sustainable. If you are having trouble maintaining these payments because of a change in circumstances you should contact your Trustee immediately to explain why; failure to do so or if you just stop paying will result in the trustee having to take action.
This could include freezing your bank accounts and even petitioning for your sequestration.
I'm just wondering if this is where the 544.52 came from. They may have applied to freeze my account but were awarded the money instead.
It might be that your contributions to the trust deed didn't cover their fees/costs for the work they did for you. This is one possible explanation why they might have come after you for money later.
It seems like there are two possible scenarios here:
1 - You were discharged from the trust deed but not from your debts.
2 - You were discharged from the trust deed and from your debts.
The first scenario might be bad news - the second probably very good.
It might be that the Accountant in Bankruptcy has records of the outcome if you cannot contact your former trustee. There is a helpline number on the AIB website.
Don't worry about what's on your credit file too much just now - that's a sideshow compared to the above.
So there's a chance that they could still file for bankruptcy, even if I have the money to pay back all debt in full?
I'd imagine that if the debts were still owed you'd want to get in touch with them and settle them before anything unpleasant like that started?
If they are still owed (which they might not be) it might be possible to negotiate "full and final settlements" where you pay a sum lower than the full amount due as a compromise to bring each account to an end.
Yes that is exactly what I would do. Turning a blind eye is definitely not the answer. I learned this the hard way many years ago.
Assuming the worst, here's hoping that we will come to some agreement with a lower settlement.
So after many calls there, I have traced that the money went to my local authority who had recovered the remaining debt after the trust deed was cancelled.
Stirling Toner said that all debts should still stand as they returned everything back to the creditors in August 2011 and the trustee was discharged in September 2011.
As of yet, the local authority have been the only ones to make any claim on outstanding debt.
Now I'm not sure what to do next.