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Is it protected?

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(@bobster)
New Member
Joined: 15 years ago
Posts: 4
Topic starter  

My trust deed protection date was on friday just passed and today I called my trustee to get an update. They told me that all my creditors objected but none have provided any evidence. They said that they have to send paperwork to AiB and await confirmation back from them which will probally take until the end of the week.

At this stage is it fair to assume that the trust deed is protected and these are just the formalities? I'm really nerous about it and dont want to get my hopes up until someone says for sure that it is protected. I have certainly learned an important lesson in life and appreciate the debt forgiveness. This is a path that I will never walk down again.


   
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Julie Heaton
(@julie-heaton)
Estimable Member
Joined: 16 years ago
Posts: 246
 

Hi Bobster, welcome to the forum.

Unfortunately my thoughts on this matter are slightly different to your trustee. If all your creditors have objected, as long as the claims that they have submitted tie in roughly with the figures that were on the Statement of Affairs their objections are valid. It is irrelevant, at this stage in the process, whether they have provided evidence.

I would expect your trustee to advise you to present a petition for your sequestration (bankruptcy).

Please do not worry too much about this process, as your sequestration would run exactly the same way that your Trust Deed would i.e. you would still pay a contribution (if this was agreed) for the same period of time, and your assets (if you have any) would be dealt with in the same way. In addition you would receive your discharge after a year instead of three years.

Please let us know how you get on Bobster.

Julie

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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

This does seem very strange. Are you sure that they all objected, Bobster? If so then I don't understand why your trustee is registering the trust deed as protected with the Accountant in Bankruptcy as the trust deed has failed to achieve protection.

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


   
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(@bobster)
New Member
Joined: 15 years ago
Posts: 4
Topic starter  

The trustee has advised me that despite the objections there was no statements whatsoever to back them up. With the protection date now passed it is too late for them to supply any statements. The woman reviewed my case whilst on the phone and assures me that the protection status will be confirmed by next week. Confusing?


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

Hello Bobster,

Like Kevin I'm finding this a little confusing. The way you are describing the conversations (which you have been having about the trust deed becoming protected) sounds as though there haven't been any formal objections received.

The information you have been given about protection being confirmed next week certainly sounds very encouraging indeed.

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


   
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(@bobster)
New Member
Joined: 15 years ago
Posts: 4
Topic starter  

I guess despite the conflicting info, I just have to trust in their knowledge and be patient. I told them of the Trust Deed Experts opinions and they said that this isn't how they work and that statements are also required from the creditors?


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

Hi Bobster,

There's clearly some confusion somewhere but I guess the most important thing is that your trust deed company have given you the reassurance that your trust deed is becoming protected.

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


   
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(@bobster)
New Member
Joined: 15 years ago
Posts: 4
Topic starter  

Thanks for your time. I will be sure to give you an update next week.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Sounds like your trustee is pulling a fast one on your creditors there, bobster. I could understand their insistence on receiving proof of the debt if some creditors had objected and it was touch and go as to whether there were sufficient objections to cause the trust deed to fail. But if all of your creditors have objected it is ridiculous for them to ride roughshod over them and lodge the application with the AiB for protection.

I am constantly surprised by how some firm seem to operate, but at least this is an example of poor practice working out in your favour, rather than the other way around which is what we usually hear. The words "gift horse" and "mouth" spring to mind!

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


   
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