Morning everyone
i have a few questions and hopefully someone can answer them or even point me in the right direct.
I still have not recieved a letter from my TD Company to say they would start discharge proceeding for the trustee this month unlike what they said in previous letters that i would be informed by 3rd of may. I have already spoke to someone who advised me to send letter of complaint to icas. Which i sent recorded delivery this morning.
i was going to do it few weeks ago but i decided to give them the benefit of doubt so icas didnt assume i just hadnt given them the right amount of time to respond.
Do i have to do anything else when it comes to complaints in regards to this?? As i want to get everything done asap so i can finally get my life back on track.
I also finally recieved the debitors application pack this morning and there few things about it i am unsure of who do i speak to directly about certain thing (ie: my mobile contract do i list that as debt even though it is upto date and not in debt and gas and electricty they had recently been paid upto date and are in credit as i had some help in these utilities to give me some breathing space how do i list those or do i not now they are upto date and the fact i pay them month to month so there is not a lump sum i literally owe which is what the forms seem to be asking me)?? (I thought by now my debts would have been in the process of being handed back to me by my trustee discharge so requested a pack from aib but looking at the form its rather daunting so i am just preparing myself for when the time comes)
On the debitors pack it asked for exact amount of my debts, i can not remember them and previously asked td company to return my last statement and books so i could place the correct amounts but my partner made a point since i have been in a trust deed as soon as am out (whenever that maybe) the intrest that was froozen during the time would that be applied to the balances? if so how do i get the correct information ? as i dont want to put down lesser amounts then have creditors chasing me afterwards for additional amounts.
Thanks Lou
Hello Lou.
In terms of the complaint there isn't much I think you should do now other than to let ICAS look into your concerns. What a shame that you've been left in a position where this is necessary.
Up to date mobile phone contracts and utility bills will not need to be included as creditors to your bankruptcy as and when that goes ahead. They'll be listed amongst your expenditure instead.
Once you have received your trust deed discharge you may wish to contact your creditors and request that they provide you with an up to date balance figure (many will probably write to let you know anyway). If you did accidently put down a lower amount it wouldn't leave you exposed to the debt after discharge from bankruptcy though so don't worry too much about that side of things.
I'm sure your local CAB will be able to help you fill in the bankruptcy paperwork once you have received your trust deed discharge if you'd like some help with it.
Whilst you should of course try to put your debts down as accurately as you can, as trust deed assistant says don't worry too much about it. The trustee in the sequestration will get up to date balances from creditors anyway and you cannot be held liable for any debt just because you underestimated it on your application form - it is really just a guide for your trustee to work from initially.
Thank you both for the advise, I just wanted to be sure there was nothing else i had to do in regards to the situation as not to hold it up any longer. Its been long enough so far.
Trustdeedassistant i didnt see a section relating to expenditure on the form which related to what i pay out monthly (Ie: gas and electricity and so on), it seems to be standard section of information and then sections relating to creditors, bank accounts and hire purchase and so on.
Thank you for the information on the amounts i would need to list as creditors. That did concern me but now i feel much better about it. I will try and get correct amounts to be as accurate as i can but i am sure my debts have been sold on to many companies by now so i am not sure if the original creditor would have that information anymore. But i will write out a letter for each creditor asking for the final balances and keep it ready to go for when the day comes.
That's right, there isn't a section on expenditure on the application form, but once you have applied and sequestration is awarded then your trustee will go through your income/expenditure details with you at that point.
I would try and chase up the discharge (I'm know you have been doing this for months) it is just the application fee for bankruptcy goes up from £100 to £200 from 1st June. It would be good if you could have your application in before the end of may to save some money!
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Hi shona,
I wrote to them again and asked them for a updated time limit for the discharge due to the changes in fee's that had to be paid for bankruptcy since i have still not recieved anything in relation to his discharge. As i read here on the forum a few weeks ago that the fee was rising from a £100 to £200. If he hasn't discharged himself by the start of june i will have no choice but to put half the money away in june and then again in july just to cover the cost of £200 as it will be a bigger stretch than before to still live for a month as well as pay the £200 out. Which i feel is unfair ive been asking for my debts to be returned to me and for him to step down since january so i could start dealing with them again but my request has been held up so long now its becoming draining. Now i have the uncertainty of will i make the deadline or not. i hoping the next few weeks is the finish line.
i need more information before i can provide a definite response
You are in a trust deed and looking to petition for sequestration which either means
1. you have taken out more debt and cant make payments or
2. You can no longer afford your agreed contribution due to a change in your circumstances
As far as i am aware, a trustee could only issue you a discharge if you have fulfilled your obligations with regards to the trust deed - If he is resigning from office then he has the option to resign but not dishcarge you from your debts.
He may be in office for a number of reasons - PPI is screaming out and therefore unable to release you from your debts
I would perhaps contact the trustee or case administrator and arrange an appointment.
In terms of the application pack - the citizens advice are a great free organisation that will help complete the form.
On a sepeate note - - please pick up the phone and chat to the case administrator - they are there to help and will put your mind at ease !
Hi bpm45d0.
Neither of your assumptions at the start of your post reflect the situation.
You may wish to read over Reidy1982's previous posts and threads so that you understand the background to this very unfortunate state of affairs.
Bpm45d0 which company do you work for may i ask??
Just for clarification in answere to your questions so it can be made clear.
1. No i have not taken out any more debt than i originally had so i think your assumption is a little rude to just assume i would sink even lower than i started out with.
2. My situation has changed because of rising prices throughout the uk. But the reason i did not comply with my payments because i was badly advised to Begin with!
I appreicate your post but i feel since you dont know the background of this case you just jumped in head first without the facts.
I really hope they hurry up, you really have been through enough without any extra costs being added. I am sure you will let us know if you make the deadline.[:)]
Shona is not currently posting in the Trust-Deed.co.uk forum.