You're not in a trust deed again. You've been discharged and nothing has changed in that respect,

We've seen zero evidence that your credit record could be affected by this - and if it were it appears to be almost 100% certain that this would be correctable,

It's not just credit ratings.

An entry on the AiB as a live trust deed will show on an insolvency search. I know as I did these in my former employment. If this is entered by a search firm as a live deed it can inhibit someone in a conveyancing process.

By "inhibit" do you mean it creates a question that needs to be answered tinsoldier?

I've noted when you raised this previously you hadn't mentioned purchases actually being derailed by this happening.

It's a key point because we don't want readers to be unnecessarily alarmed by what's currently going on.

When it comes to selling a property, it should only cause a slight delay as the trustee has no rights over the property and the inhibition will have been removed prior to the person's discharge.

I wouldn't rule it out as a possibility that if a person in this situation is seeking to buy a house then a mortgage lender may search the Register of Insolvencies and could change their lending decision as a result. I'm not sure they would routinely do such a check and even if they did then there is no real reason why it should change their decision. However, in a "computer says no" culture you never know...

I totally agree with this lady's comments go for what it rightfully yours good luck I am !!!

Hi tinsoldier, yes they are opening my trust for a measly £1300 how bad is that? There really has to be an end to when they can do this, after all you are discharged after 1 or 3 years depending on what type of trust you have had . the trustees should NOT be allowed to keep going after you and that is exactly what they are doing. We cannot continue to be a cash cow for these companies and hopefully now that the sheriff's are getting wise to what is happening maybe if we are lucky this will come to an end. Hopefully.. Hi tda, if it is correctable that is more work for people like myself who have no idea how to correct this. The only good thing is that this site will help people like myself immeasurably. This site has become a godsend for people like me and I am sure plenty of others.

TDA - by inhibit I mean prevent,hinder, restrain. Not sure where creating a question comes into it?

It's not a lender that relies on this info. A solicitor concluding missives relies on a search companies report. If a trust deed is showing as live on the AiB it will be reported as such.

Which is why it might cause a slight delay in the process while the solicitor makes further enquiries. However, there is nothing to inhibit a sale, the formal inhibition is no longer registered and the trustee has no rights over a property in this scenario.

If I understand correctly, the 'inhibition' which would hinder the conveyancing process is on the Register of Inhibitions and Adjudications held by Registers of Scotland.

Not the Register of Insolvencies held by the Accountant in Bankruptcy.

Even if a TD is re-opened to get money from a PPI claim, the Inhibition won't be renewed.

Edited to add: Snap! Kevin beat me to it, lol.

Have either of you, with respect, worked in the property search industry?

Have you worked in the insolvency industry?

An 'inhibition' means something very specific in insolvency terms - Mark's posts made me laugh more than once when he talked about that.

There are two RoIs - one has records of inhibitions, the other doesn't.

Spell out the potential problem as you see it, and that gives people the chance to think about it and maybe come up with answers.

It depends what you want out of these threads. Do you just want to whinge and snipe and doom-monger? Then keep on doing what you're doing.

Or do you want to find ideas and arguments which people can use to challenge something you disagree with? Then spell it out clearly.

Mark's posts?

I'm talking about a conveyancing process. In black-and-white terms for you Candlewick, and everyone else, that's when a house goes through a sale. There are selling solicitors, and purchasing solicitors (that's buying).

There is a search done for the largest solicitor firm in the country on behalf of a variety of lenders. This is carried out by a private property search firm, and it is a one-off insolvency search. It involves a search of the AiB register to see if there are any bankruptcy orders or live trust deeds recorded against an individual on the date of the search.

I'm not doom-mongering, sniping or anything else. These are facts. I've carried out hundreds of these searches.

Is that clear enough for you?

A search of the Register of Insolvencies is carried out. A record is found.

If a record is found, what happens next?

There are lots of records on that RoI - cases where bankruptcy has been awarded and the person hasn't been discharged. Cases where bankruptcy has been awarded and the person is discharged but the trustee issn't. Cases where both parties have been discharged.

Cases where the bankruptcy has been recalled.

For trust deeds, it can be cases where the TD is being advertised but is not yet protected. Cases where the TD has been protected and the person hasn't been discharged. Cases where the person has been discharged, but the trustee hasn't. Cases where both parties have been discharged.

Cases where the trustee has been re-instated, but the person who used to be in the TD is still discharged.

In a lot of those cases there won't be an inhibition in place.

So what happens next if a search during the conveyancing process brings up a record on the Register of Insolvencies? How/why would that be a problem if the search process has also found that there is no inhibition on the other RoI?

Are you being deliberately obtuse?

A record is found, it is reported back to the solicitors firm, and it inhibits (prevents, hinders etc etc etc) the conveyancing process.

I've seen settlements delayed and sales fall through because of this.

Perhaps you know different Candlewick, or am I just doom-mongering? Or are you doing the sniping?

This is really what I meant by the creation of a question that needs to be answered tinsoldier.

Search finds re-opened trust deed. Does it:

A - Create a question that needs to be resolved before the sale takes place?

or/

B - Prevents the sale taking place at all?