Those is the points I was trying to male in recent posts (not very successfully lol):

1. The change to legislation in the review did not deal with retrospective records so
there would be no guidance or instruction to deal with them.

2 I feel it will be an amendment to the amendment (and will involve Scottish Government).

I am awaiting feedback from The Gazette and AIB before going down MSP route.

I have picked up a couple of pointers in this thread regarding questions to ask depending on the responses I receive so thank you all for your feedback/input.

Obviously I have too much time on my hands 🙂

Progress Update:

Have gone back and forward to the Edinburgh Gazette for clarification and further clarification including the fact they quote the Insolvency Act.

Today I received this information (extract from full e-mail).

Your Trust Deed is advertised in The Gazette in accordance with The Protected Trust Deeds (Scotland) Regulations 2008 http://www.legislation.gov.uk/ssi/2008/143/schedule/1/made

Whilst I appreciate your point regarding older Trust Deed notices remaining within The Gazette (www.thegazette.co.uk), whilst newer ones are not, the Gazette is a reflection of the law at the time of publication. It is a permanent public record and remains available as part of a complete record of official information which is of wider value for historical and research purposes. It is therefore not possible to remove notices from The Gazette as standard practice.

If TSO Ltd believes any change in policy or practice is required then it will be brought to the attention of TNA via the joint delivery board. From the current information supplied TSO sees no additional factors that require a need to review any policies in accordance with the rulings applied to personal insolvency notices.

(I don't know what TSO and TNA stand for - I hate acronyms).

AIB : I have e-mailed and followed up the email looking for acknowledgement of the e-mail and a response. No response at all.

Hi Firewalker.

TSO is The Stationary Office. An extract from Wikipedia:
"TSO (The Stationery Office) is a British publishing company created in 1996 when the publishing arm of Her Majesty's Stationery Office was privatised. It is the official publisher and the distributor for legislation, command and house papers, select committee reports, Hansard, and the London, Edinburgh and Belfast Gazettes, the UK government's three official journals of record. With more than 9,000 titles in print and digital formats published every year, it is one of the UK's largest publishers by volume".

I'm guessing that TNA is The National Archive. An extract from their website:
"The National Archives is a government department and an executive agency of the Ministry of Justice. We incorporate the Office of Public Sector Information and Her Majesty's Stationery Office. We also perform the Historical Manuscripts Commission's functions in relation to private records. As the government's national archive for England, Wales and the United Kingdom, we hold over 1,000 years of the nation's records for everyone to discover and use".

Thanks TDA.

The Gazette has responded again.

Yes I can have my record updated to show TD is complete and I am discharged. There is a cost though ....... I think I am annoying them asking all the questions. No mention anywhere I could see about charging. Indeed no mention of a process until I asked. Interesting.

Do you have a letter of discharge from your Trust Deed? TSO Ltd would be happy to publish a notice confirming this event, for completeness of your records, on submission of this.

The price would be £77 (£92.40 inc VAT).

And my enquiry has been referred to the Management of policies to review situation with Trust Deeds rather than Bankruptcy.

I have the feeling I have no right to question the system. I do nit wish to annoy anyone. Simply to understand and seek fairness.

Anyway it will depend how the rest of the enquiries go what decision I make regards The Gazette.

The AIB have not responded to either my first or follow up email. Not even an acknowledgement. I sent another follow up last night. I have phoned once with no reply. Will keep you up to date. I checked contact details. Seem okay and as published.

This is just an update for those who are following / are interested.

When I have all the feedback and if no further forward I will refer to scittish Government.

It sounds like they'd be publishing a separate notice Firewalker?

So, if someone stumbled into your trust deed advertisement online they might not stumble into this extra notice at the same time?

Yes. Good point TDA. I wondered about that myself but also wondered how the record could be complete if it was not linked or brought up automatically. I am paying for the 'Completeness of my record' as I understand it.

Glad you thought the same.

Or even worse, the existence of this second notice might be counterproductive and just alert someone to the existence of the original Trust Deed...

Hmm- good point Kevin. I had not actually thought of that. I thought originally they would just update the first posting.

I have just heard from AIB to confirm they have my e-mails. Heavy mail load at the moment. I will hear from them soon so that will be interesting.

Any joy on this firewalker