The Accountant in Bankruptcy remove the entry from the Register a year after the Trustee's discharge.

Welcome to the forum bazlop.

The only thing I'd add to Voice of Reason's answer is that the trust deed doesn't show on your credit report because it falls off six years after it began.

Morning

Thank you both for your reply.

So am I correct in saying that other than the Gazzete there is no record of the trust deed ever existing?

I am aware that a trust deed is no longer recorded in the Gazzete since November 2010 as it is believed the insolvency register enough.

So just wondering if this is the case and anyone with more recent debt will disappear with no record of the trust deed ever existing and I wont, ill be on gazette for life. which seems a tad unfair.

has anyone ever successfully managed to get removed from the register because of this?

Hi bazlop,

I understand that a permanent register of personal insolvencies is retained by the authorities, but that it is not published.

Regarding the Edinburgh Gazette, I think you make a fair point. It does feel unfair. The only argument against that I think is that when older trust deeds began the information was "out there" that this would be a permanent record (not that we think this is a great argument).

If it's any consolation, we're informed that the Gazette webpages are re-coded to ensure search engines don't pick them up any longer a few years after the trust deed began. So an active searcher of the Gazette could find your entry, but a Google searcher could not.

I do wonder whether the introduction of the new European data protection laws (GDPR) next month might strengthen the argument of individuals who object to their trust deed remaining indexed on a publicly available website.

So if a mortgage solicitor was to check for a trust deed prior to obtaining a mortgage, they have an independent register they can check which will show me as being in a trust deed on other than the AIB?

Apologies for the numerous questions. just trying to see if I really need to be telling them about a 9yr old trust deed. Seems a little like an open invitation to refuse me or charge me ridiculous interest rates. when other than gazette entry there may be no record of it.

Any mortgage applications I have looked at have asked about bankruptcy not trust deeds

Thanks again.

I don't believe they have access to anything other than the Register of Insolvencies and the Gazette.

Some lenders might keep their own records of insolvencies, not least if they were a creditor.

Lenders are entitled to ask about historic personal insolvencies though, whether or not they remain on public registers. As you've noted, they don't all ask and some might restrict their questions to bankruptcy.

I think you just need to answer the questions that are asked. If an historic trust deed is relevant to the lender, they'd likely ask about it as part of the application process.

Once again thanks for your advice,this has helped a lot. Glad I discovered this site.

I shall update once I have gone through the mortgage process to let others no how this went.

Thanks 🙂

Good luck bazlop.

If it's any reassurance we've seen lots of people obtain mortgages much sooner than the nine years since your trust deed began.

Hopefully it will all go fine for you.

If they ask whether you have ever been in a protected trust deed then you should tell them so. If they don't ask then I don't see why you would need to tell them.

I believe that the record that Trust Deed Assistant is referring to is just kept internally by the Accountant in Bankruptcy and is not accessible for solicitors to search. However, it is possible that a solicitor could see the entry on the Gazette, and it is also possible that they would see that an inhibition was registered against you due to a Trust Deed and then subsequently lifted again from the Register of Inhibitions.

I think you are likely to be worrying about nothing though - I doubt many prospective mortgage lenders would particularly care about a Trust Deed from 9 years ago. In my experience they are much more interested in your recent credit history.

Thanks Kevin

You are right im probably stressing over nothing.

Although you have left me wondering what you meant by they would see that an inhibition was registered against me ? where is this recorded?

The Register of Inhibitions and Adjudications

Just an update incase anyone else reads this. I have contacted the Register of Inhibitions and Adjudications and they informed me they only keep the records for 5 years and is unlikely a mortgage solicitor would check with them.

Thanks bazlop. To clarify though, an entry is also made on the Register of Inhibitions and Adjudications to note when an inhibition is lifted (ie at the end of a Trust Deed). This entry will show for 5 years from that date.

Also, I'm not sure why they would say a mortgage solicitor wouldn't be checking the register - they would have to as part of arranging any mortgage or remortgage, that's the whole point of having the register!