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insovency practitioner discharge

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(@golf20)
Eminent Member
Joined: 12 years ago
Posts: 31
Topic starter  

Can one of the specialists please advise.Got a letter today saying that my practioner was takin the rest of the money left in my trust deed in fees.this means i have paid in 10800 pounds and my creditors are not going to receive a penny cause it has all gone on fees.i was late paying all my contributions but was discharged in march 2013 and the practioner has been waiting for over 14 months dealing with ppi issues.if my creditors receive no divedend then how will my practioner be discharged.3 years paying this to go on fees.i want appreciate advice on where i stand on this.very worried person.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

Creditors can object to your trustee's discharge and can request their fees to be audited to ensure they are reasonable. Without knowing the full circumstances, It certainly does seem that your creditors have gotten a raw deal in your case.

As long as you have been discharged then it has no effect on your situation - you are no longer liable for the debts regardless.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@golf20)
Eminent Member
Joined: 12 years ago
Posts: 31
Topic starter  

Cheers kevin for your quick response.was looking to try and get a mortgage next few months as my insolvency will be wiped next week on my file.wud that not affect this.seems to be one prob after another after almost six years.saying that i am at fault at being late for making all payments but that was due to illness.just seems its dragging on for ages.


   
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(@pinalta)
Reputable Member
Joined: 13 years ago
Posts: 315
 

Creditors get nothing due to huge fees , might be worth checking the AIB Scotland stats about a certain firm if my hunch is correct , would the firm have a trustee who's initals are linked to a crisp brand with a little blue bag of salt ??. If in doubt get the AIB to audit the accounts , you have nothing to lose .


   
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(@golf20)
Eminent Member
Joined: 12 years ago
Posts: 31
Topic starter  

Aahhh no offense pinalta but id rather not answer that one but how can i check with the aib.details wud be appreciated.cheers for your response.


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

Hi golf20.

This is one of those situations which, although things don't seem quite right, should make no difference whatsoever to you.

Your task was to meet your obligations under the trust deed. In return you get your discharge and have no further liability for the debts.

The money that you've paid in then gets apportioned between the fees/costs of your trustee, and a return (dividend) to your creditors.

In this instance it sounds as though the creditors will not get anything because the fees are very high. They can have the fees audited if they don't like what's happened - that's an option that's open to them. However, you're still discharged from your debts and have no further liability to your ex creditors. Any lingering issues are between the creditors and your trustee only.

While the trust deed may not be on your credit file very soon, it might be worth remembering that your details will remain on the Register of Insolvencies for a little time to come.

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


   
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(@golf20)
Eminent Member
Joined: 12 years ago
Posts: 31
Topic starter  

Thanks for your advice and how long does your name remain on the registrar for then.


   
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(@golf20)
Eminent Member
Joined: 12 years ago
Posts: 31
Topic starter  

P.s i was discharged in march 2013 so does that mean my details stay on until the trustee is discharged also.not very fair considering they have been chasing ppi for past 14 months.


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

Hi golf20.

I believe that it's a year after your trustee is discharged I'm afraid.

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


   
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