Have they given you any reason for not discharging you as yet, LZA? As you signed pre April 08 then you cannot be discharged until your trustee has finished everything that that they need to do. Maybe they are looking to reclaim PPI? If so then I think you have a right to expect that this is done as a matter of urgency.
Yes, they have said that they are claiming PPI.That was over two months ago and I have heard nothing.I have never even been advised of that by them, it was only when I called them to find out what the delay was, that they told me.My husband has had a letter from them saying that he could take it as a discharge letter but our accounts were in joint names so can they still claim against him.
Hi LZA.
If the PPI claims are on joint accounts your trustee might have taken the view that any recovered sums can go into your trust deed.
I'm sorry I haven't been able to provide you with more positive responses this evening.
hi there, i have been in a trust deed with kpmg for a number of years now.... nearly 7yrs to be exact. in that time i have lost work, re-employed again and again. Struggled to make payments and paid what i could. I have changed carrers in the hope of keeping a perminant position, that way having a regular income... however with all my outgoings theres nothing left... in my new employment my wages are no where near what i earned before... I'm at my wits end, worrying if my bank account or wages will be arrested.... i've been unable to make any payments since starting my new post.....i wangt this to be over, so so much and yet its getting worse by the minute.... i know you'l just say speak to kpmg but what will that do?? can i request sequestration???
Hi Neil and welcome.
I'm sorry to hear that your changing circumstances have made it difficult to complete your trust deed.
It does make sense to talk to your trust deed firm to ensure that they are aware of the details of your current income and expenditure.
If no contribution is currently possible you could certainly ask them about ending the trust deed and becoming bankrupt. I'd hope this would be given due consideration, and especially so if there is little prospect of you being able to resume trust deed payments soon.
You will need the assistance of your trustee to become bankrupt given that you are currently in a trust deed (which will need to be ended first).
If you wish to be sequestrated I think your trustee may need to be the one to petition for it. You wouldn't be able to do so yourself as you are in a protected trust deed and the changes to the legislation that allow for trust deeds to be terminated without the debts being discharged are only applicable to those trust deeds signed after 1st April 2008.
It surely makes no sense for your trustee to keep the trust deed running on and on if you are unable to make payments. I would push them to discharge you first of all, as your circumstances have changed since you signed up, then there would be no need to go bankrupt as your debts would be extinguished. If they will not discharge you then they should at least agree to petition for your sequestration instead.