David, can I just ask what benefit there is of getting the trustee to put their reasons in writing?

I too have been told that it will take a good few months to get my Form 5 as the company does all discharge paperwork together once the case is ready to be closed. They've advised they are happy to produce a letter in the meantime that states I have met all my obligations but I don't really think that is much use to me?

They also told me that any windfall prior to discharge would need to go to the trust deed but I don't need to complete any income/expenditure reports and am free to start a savings account. That kind of confused me a bit as technically I could have around £1800 in a savings account come discharge time so surely that would be classed in the same category as a windfall?

TIA

Hi FinishedMarch15.

I'm sure David will speak for himself in due course.

My understanding however is simply that, generally speaking, there will be no particularly good reason to withhold a client's discharge once their trust deed obligations have been completed.

That makes it very hard to put the reasons for delay in writing.

A windfall would generally be a sum of money that comes to you in one go. That's quite different to you saving from income each month - perhaps by setting aside the money that used to go into your trust deed for example.

Hi FinishedMarch15,

A letter advising you have completed your obligations isn't really that useful. You really need your Form 5 discharge.

Ultimately like you have been advised any windfall or if you acquire any assets prior to your discharge (Form 5) then these will be ingathered into your Trust Deed. A lottery win, inheritance etc falls under this category. Savings that you accumulate is a little different from this.

If you have completed your side of the deal in maintaining and paying all your agreed payments then I can't see a real valid reason for the delay of your discharge for 6 months or longer.

Sometimes unfortunately you can be advised of one thing on the telephone and when you ask for this to be put in writing and documented it can change. If you are happy to wait 6 months or so for your discharge then that's fine. If not, you can ask for clarification in writing and if you then want to challenge this or take it further you have something to refer to. I'm sure if you became a little bit of a thorn in the side of your Trustee you would receive your Form 5 quicker than 6 months.

Like I've said, I can't see any reason why you can't be provided with your discharge and for the Trustee to continue with the case to dealing with creditor claims and making dividend payments. Issuing a Form 5 can be done in less than 30 minutes so it's not an exhaustive and time consuming process.

Great, thanks guys!

I got told they are busy so that's why it would take so long as I see it oct before I get form an then 3 years to be financially in the good where I may apply for a car at last

I don't think that is a good enough reason at all. It takes very little time to process the Form 5. I'd keep badgering them until they do it if I were you.

Like Kevin said I don't think that's a good enough reason to delay your official discharge. I'd keep on at them for your Form 5 and if you badger them, I'm sure you will receive it a lot quicker than 6 months.

Call them every other day/every week maverick267 - become a pain!! E-mail them asking for updates!

I did that when P Gill were going through the Creditfix thing - got my Form 5 from PG in about a week after being a very very annoying person!!!

Because they are busy you shouldn't have to suffer - that is not a valid excuse.

Pester pester pester!!

been on again told trust deed still open lookin like oct.
Then a further 8-10 weeks till balances are sorted out I have asked them again about redundancy they say they would wait an see how much I get then they will ask me for how much I have to pay them then?
as posted before any money gained till trust deed closes has to be paid to trustee so new boiler for me

not getting an answer at all from them but as they say oct looking likely but it will not end there it will take a further 8-10 weeks to balance the payments after form 5
And possibly further 2 years to final it so I can get finance(which I knew anyway)so no c/cards ever for me loans hopefully