Hi everyone and I hope your all enjoying summer time - finally. I've asked this question before, however the answer was unclear.
I'm awaiting my discharge form 5 and I have been offered to move back in with my parents for a bit. So I'll be moving from my flat where my TDeed is registered.
Will such a move have any implications on my trust deed or my parents home, In hindsight, I'm thinking on waiting on my complete discharge to avoid any problems.
To the experts, your guidance would be appreciated
Hi sparky1,
It's strange having a continuous period of really nice weather and I think it really does make a difference instead of the grey skies and rain most of the time. Although saying that, I'm looking out the window whilst on the bus and it's a bit grey and overcast. Hopefully it clears up later on. Sales of paddling pools and BBQ's must have went through the roof.
I cannot see any problem in moving back in with your parents and this should not have any implications for them or their home.
Make sure you inform your Trustee so that they change your correspondence address and stop sending paperwork to your old address.
I would also suggest chasing up your Form 5 and asking for an update on the closure of your case.
David is not currently posting in the Trust-Deed.co.uk forum
As long as you don't have the same name as one of your parents (which the credit reference agencies don't seem to cope very well with sometimes) then there should be no impact on them at all.
I have just phoned my IP and they are still chasing three creditor claims and letters have been sent by recorded mail. Time scale for this to be sorted - a couple of months. I touched on the subject that I signed my trust deed after 2008 and why I couldn't be discharged while they remain in office, they said no that only applies to sequestration cases not trust deeds.
Different companies seem to be taking a different view on this sparky1.
Certainly the four firms represented in this forum have no issue with discharging their client in the same circumstances.
There's no obligation to discharge though, just a different attitude to the possibility of doing so.
I always find it incredible that a firm cannot, in the 3 year period of a trust deed, engather all claims and have these verified and agreed in that time.
As TDA states, this should not be a reason for holding up your discharge.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Hi, well as far as a I know three creditors have not responded to make a claim to the money in the pot - so registered letters have been sent out to them, just how many chances do they actually get to respond?
Hi sparky1.
From the lack of responses to your question I guess you can deduce that none of us know!
There are time limits that apply to dealing with complaints though, so they're subject to regulatory criticism, penalties and negative publicity if they fall out of line with their competitors and peers.
Thanks TDA, If the problem of creditor claims continue after two months do I have a right to make a complaint?
Sorry for the confusion TDA, Its my understanding that this is the second time that my IP has written to the creditors who need to make their claim as this is ultimately what's holding up my discharge. Should this issue continue to hold up my discharge unreasonably can I make a complaint against my IP or creditors to anyone?
Hi sparky1.
I guess your trustee is doing what he can to progress this? There again, maybe they could discharge you while they progress things. But there again again, they don't have to.
As for the creditors, they seem to be at risk of losing their right to a dividend.
It's always your right to complain but I'm not sure how much you would stand to gain from doing so. I can appreciate your frustration though.
Hi sparky1
It is not unreasonable to give creditors a deadline for submitting a claim and supporting documentation ie 14 days and to advise that otherwise they will be rejected and not receive any dividend.
There is no statutory period for submitting claims or maximum amount of times you should ask, although this will change with the new proposals.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.