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Feel silly for asking but.....

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(@downandout)
Eminent Member
Joined: 12 years ago
Posts: 40
Topic starter  

Trustee has advised discharge will take about six months, I know it's not great but I'm not minded to pester them as it doesn't really make a difference to me, except that With my 36th payment under my belt and a bit of free spending out my system I'm starting to fret a bit because I've started with what is the beginnings of a really decent bank balance.

If it does take a full six months I'm going to have a pretty big credit in my bank account and now I'm worrying that this would need then be required to be paid to trustees because I've not been discharged until six months after I completed my obligations? Is that possible?

Common sense is telling me that would not be so but I can't get my head round it and don't want to keep on scrimping if there is no real benefit to us.


   
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(@maverick267)
Estimable Member
Joined: 15 years ago
Posts: 137
 

yep I,m in the same boat but worried that they will take my redundancy pay ,as they said they would wait till I got it then decide how much they would ant if I get made redundant. its interesting that both of us seem to have paid all as requested but till well after this elusive form 5 will still not be safe ?


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

Hi downandout.

I don't think you need be concerned about earned income that comes your way after your income-based contributions have been completed.

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


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

Hi downandout,

Until you receive your discharge should you win the lottery or acquire/inherit any assets then these can be ingathered into the Trust Deed for the benefit of creditors. It's something to be mindful of. Ultimately until someone receives their Form 5 they are still tied to the Trust Deed.

Once you have completed all of your agreed contributions if you build up savings this isn't something which your Trustee will ask you to pay over.

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


   
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(@timelord)
Estimable Member
Joined: 13 years ago
Posts: 121
 

Is 6 months a common timescale? stories like this make the TD seem never ending, it makes me feel trapped and claustrophobic

Every end has a start !!


   
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(@steve1984)
Estimable Member
Joined: 13 years ago
Posts: 159
 

Just syphon your money out each month and stick it up the loft if you're going to have a large bank balance just in case.?

steve


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

steve1984,

Why?

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


   
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(@steve1984)
Estimable Member
Joined: 13 years ago
Posts: 159
 

He said he is fretting a bit because he is building up a lot of savings each month and as time goes on he will have a large bank balance.

If still tied in to the Trust deed months later then in theory they could ask for it as a contribution? If its in the loft then cant.

steve


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

See answers from David and I above.

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


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

Hi Timelord,

Every firm in my experience has a different way of administering Trust Deeds. Some firms will discharge a client quite quickly after their final payment and some will wait until all of the administration has been completed which can take 4-6 months.

If your with a company which advise you it will take 4-6 months to provide you with your discharge certificate (Form 5) then the only advice I can give you is to keep on at them and you may find you receive your Form 5 a little quicker. It takes a maximum of 30 mins to process the Form 5 so it's not a time consuming task.

Do you have much longer to go with your Trust Deed payments?

I don't think there is any need to stash money in the loft to avoid the Trustee asking for it. Like we previously advised once the agreed payments have been paid the client is free to do what they want with this extra money.

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


   
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(@timelord)
Estimable Member
Joined: 13 years ago
Posts: 121
 

Hi David, I have 9 months. Hypothetical question:

I make my last payment tomorrow with no arrears etc but in two months I've still no form 5. My mum gives me her old car and it I'm the registered owner for insurance purposes - is this seen as any sort of windfall or an asset the trustee would have an interest in?

Every end has a start !!


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi Timelord

The answer would be no as the registered keeper is not the registered owner. I'm sure this states this on the V5 and also the ยฃ3k value limit of the car would still apply.

If you won the lottery on the other hand, then hypothetically yes would be the answer.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


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

Hi TimeLord.

I guess if it were a vehicle of significant value and it was clear that you were the new owner (not just the keeper) then it probably would be deemed a windfall.

So, if you won a new Range Rover in a competition...

As Mark has written however, a family member effectively lending you a car is likely to be a different matter. Being a registered keeper does not automatically make you the owner of that vehicle.

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


   
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(@timelord)
Estimable Member
Joined: 13 years ago
Posts: 121
 

I am amazed at the consequences a laissez-faire approach to dealing with a discharge by a trustee could have on a person. seems very unfair

Every end has a start !!


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

It's hard to disagree with that TimeLord.

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


   
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