I will soon be going into year 7 of my Protected Trust Deed. I still have not been discharged. Another load of excuses from BTs. I am now worrying about how long it takes to get your trust deed removed from the Insolvency records held by the AIB.I keep waiting for a letter of Discharge but it never comes [:(].
Bet I can guess the Trustee!
If you have made all your payments and the delay is at their end, then you should find out the reason for the delay and if not satisfied, refer it to their governing body to investigate.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Thanks Mark yep it,s KWP at BTs no surprise their then. I made all the payments up until 2010, then they decided to claim PPI that took until 2011 and they have all that. Then they said they were waiting on VAT. Then they fell out with RBS and said they were taking RBS to Ombudsman. I got a compensatory payment from RBS in 2007 but by this time was in a Protected Trust Deed and they (B T) are saying they never recieved this so this is the next hold up. I did commence a complaint with the Insolvencie Practitioners Assoc but they can not help as i shredded all correspondence from KWP through not wanting anyone to see I was in a PTD,I am so anxious and its totally preventing me from getting on with life I have even contacted the CExec of BT who said he would look into it he did but that was way back in July and still nothing. I dont know where to turn now.
Hi lissybladey.
I think you'll be removed from the insolvency register a year after you and your trustee are discharged.
I do hope this happens soon - I remember a few months ago you were told that discharge was imminent?
Hi Amy, yes they kept telling me that I would be Discharged and never have been. [:(]I live in the greatest of hope. Lesson for everyone who comes on this forum to get you guys advice first, and take it and not end up like me.
Thank you for the info re Insolvency record.
Thanks Kevin, Yes you made me think, so I have reported them to the Financial Ombudsman, they were very helpful and they have told me B T have 8 weeks to explain why I have not been discharged so maybe this will be enough to get something happening.
Hope things move along for you . I to have the same Trustee and firm , and guess what , I am in year seven of my deed . Make a complaint to the IPA in London anyway as he will have to supply copies of letters . Been nothing but stalling and excuses by this firm/ Trustee , I bet the only other time they contact you is to ask for MORE FEE'S. I do question his knowledge of trust deed law as he always back tracts , guess this is what happens when you are only a reference number to them , Will let you know how things go with my complaint against him .
Thanks Pinalt,I couldnt complain to Insovency Practitioners Assoc as I shredded all paperwork. Financial Ombudsman have given me hope as they too were really shocked.I hope you get your discharge too and please let me know how you get on.
The trustee has an obligation to retain certain documents, so you could make a request to them to provide them to you (although I appreciate in this case you're not likely to get them)
One for the experts; Assuming the case is as straight forward as the trustee just not doing what they should do can the debtor make an summary appeal to the sheriff to be discharged (as in regulation 23 of the 2008 regulations). Or would there be certain conditions to be met.
Assuming the debtor has met all of their obligations what would the risk be to the debtor making such an appeal?
Hi pingpong
Unfortunately the answer is no. I have taken this section apart on numerous occassions to see if this was possible. S.23 deals with the right of appeal on a decision by the Trustee or AIB. There is no scope for the sheriff to make an order to close.
S.24 may allow some scope however as this is less specific and in general terms relates to an order 'in the interests of justice'
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.