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Insolvency Register Query

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(@sunnym)
Trusted Member
Joined: 9 years ago
Posts: 69
Topic starter  

Hoping someone can explain what this means. Just searched for my details on the Register as to when I signed this. I assume it means it will end on the same date 4 years later? One thing concerned me. I noticed it said this.... Exclusion Of Family Home.........False

What does this mean


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

Hi SunnyM,

It probably won’t be exactly four years after you’ve signed. Assuming yours is a four year trust deed, you’ll be eligible for discharge once you have completed your obligations (4 years of payments, assuming there’s no additional asset requirements, for example).

Once your trustee recognises you are eligible for discharge, they’ll notify the AIB to update the register. Hopefully that will happen fairly promptly, but it’s not automatic or immediate.

Don’t worry about the “exclusion of family home” line in there. This relates to a rarely used (if ever?) technical possibility to get creditors to explicitly exclude any interest in a family home altogether. It may have been used, but I know of zero examples.

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


   
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(@sunnym)
Trusted Member
Joined: 9 years ago
Posts: 69
Topic starter  

Thanks so much for responding. All payments are up-to-date as far as I am concerned. The house belongs to my husband and I am not noted on anything to do with 5he mortgage.


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

It doesn’t sound like there’s anything to worry about SunnyM.

The ‘exclusion of family home” thing is a technical possibility that’s rarely (if it all) used to the best of my knowledge. If you’re not a homeowner it’s irrelevant.

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


   
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Paul McDougall
(@paul-mcdougall)
Member Moderator
Joined: 6 years ago
Posts: 164
 

Morning Sunny

Details from the Register are removed 12 months after the trustee is discharged from your case.

As you do not own the property that's the reason it states "false"

Sounds like you are on track and that the trust deed is working for you. Fab news.

p

Recommended Partner & Trust Deed Expert - Ask me for help setting up a Scottish Trust Deed


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

Hi SunnyM,

As TDA has pointed out the Trust Deed will run for a minimum of 4 years but is aligned to your monthly payments. Normally when someone signs a Trust Deed they start making payments within 4-6 weeks so it doesn’t finish exactly 4 years from the date you officially signed.

Once a person has completed all payments they receive their discharge and Form 5 (official discharge certificate). This should be with you within 6-8 weeks of your final payment.

As Paul has pointed out all of the details in relation to your Trust Deed on the ROI will fall off 12 months after the Trustee discharge date.

The family home part isn’t something you need to worry about but I can understand why it can be a little alarming.

If you are on track with payments then before you know it you will be coming towards the end and back on asking about what happens next and how to rebuild your credit file.

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


   
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(@sunnym)
Trusted Member
Joined: 9 years ago
Posts: 69
Topic starter  

Hi David and Paul, thanks so much for replying. It’s been hard and at times very worrying. However, I am now on the last 9 months of my financial journey. The sad thing for me is that I’ve never been able to tell my husband. Our marriage would not have survived. It will be such a relief when it’s all over with so I’m reckoning maybe end October this year. My husband owns the house but I’ve always been scared someone will contact him.


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

Hi SunnyM,

There is no reason for anyone to write to your husband regarding the house or your Trust Deed so don’t worry about that.

Every person and relationship is different and if you don’t feel that telling your husband would have any benefit then that is entirely your choice. Don’t beat yourself up about that.

Focus on the positive in that this time next year you will have successfully completed your Trust Deed and will hopefully have received you Form 5 certificate of discharge.

Is a Trust Deed something you would recommend to someone who is financially struggling with debts?

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


   
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(@sunnym)
Trusted Member
Joined: 9 years ago
Posts: 69
Topic starter  

Hi David, thanks for putting my mind at ease. I would definitely recommend a Trust Deed to anyone worrying about their debts however I am in my sixties and not in great health but didn’t know who else to turn to. I feel a TD may not have been the best option for me but there we go. I’ve only got this year to go....whoopee. I can then finally retire or at least fall down to a three day week.


   
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