Hi Scooter

There was a similar post recently and I don't think the 'not got round to it' is a valid excuse. The company in question ( and I can easily guess) either have the resources or they do not. If they do not, then it seems a bit of bad planning on their part.

You should advise them that you have dealt with your end of the agreement and you expect to be discharged forthwith. They can remain in office if they wish. Advise them that it should take 2 minutes to do this as it involves issuing you with a Form 5 ( 1 minute) and sendin a copy to the AIB (1 minute). Two minutes in total.

If they are unable to find these 2 minutes, then you will lodge a formal complaint.

Mark

Thanks for the advice Mark

Will give it a go and see how I get on

Hi Mark

Just called them, I will aso name them as I dont see why I cant if they arent doing the job properly, Carrington Dean is my trustee after taking it on from Buchannan Roxburgh,

Was told its not as simple as issuing the Form 5 as they havent even written to creditors to offer them the final dividend? And even after that the creditors have 15 days to say whether or not te agree with the trustees fees??

They have also just told me that they havent even closed some from December now, although it was February earlier this morning, this worries me greatly because that would mean it could be December until they even look at mine!!

Can you advise as to what sort of format my formal letter should take?

Hi scooter.

There is another view that might be taken here.

It's not your problem that your case has been moved from one business to another, and it seems unfair that you will be affected as a result of this. However, it's the reality that this has happened and I'm sure many members and readers here will have seen these types of changes at their employer and understand that things can be a little chaotic and delayed in the earlier stages.

It's aboslutely your right to make a formal complaint, but it might also be worth considering working with them and trying to encourage a prioritisation of processing the work on your case rather than risking all parties becoming entrenched following a formal complaint.

One to weigh up, but whatever you choose I hope things get moving soon.

This was the first view I took when I called them back after Mark's advice, I was told they cannot prioritise over other cases, I kind of get that and dont expect priorty if I am being honest, if they have as big a backlog as that then maybe they should do what other business's would do and bring in more staff to deal with those

Its people's they are dealing with at end of day, not pieces of paper

I am reluctant to make a formal complaint if I am being honest, I did explain to them that I have not had a single issue and it now saddens me its at this stage

Looks like I will have to wait, I would have told people in my circumstance 3 years ago to take the PTD route if they could, ending like this would now put me off advising anybody to do it

Oh this has paniked me as I am with C D too as I was with B R before the take over, would be really interested to see how you get on with this. Good luck mate hope its all over or you soon. Still got 6 payments to go

Hi scooter

With every respect, the advice from Carrington Dean is garbage. You are being fobbed off by this firm, pure and simple. Perhaps their priority should be employing staff who actually know how trust deeds work. A bit ironic the advice you've been given is garbage from a man whose tag line is 'that's advice you can trust'

Form 5 has no creditor involvement whatsoever. It does not need their consent and has no relation to fees or anything else. The process is you send Form 5 and send a copy to the AIB. That's it, nothing more nothing less.

This will allow you to be discharged. The trustee remains in office and can sort out his fees or whatever else he likes. Please call that firm back and advise:

* Form 5 does not need creditor approval and fees have no effect on this. It's a 2 minute job
* The can sort out their fees and anything else after issuing Form 5
* if they wish to be discharged, they issue Form 6 to creditors seeking the trustees discharge
* After 14 days, if there's no creditor objection, they issue Form 7 to AIB.

Now that's advice you can trust

Mark

Those who shout loudest usually get sorted first......start playing hardball Scooter why should you sit on your hands and be passive when it is your life and your future that is being dealt with ?? Keep the pressure on daily and they will sort it if only to get rid of you !!!

Good luck... 🙂

Keep hassling them and warn them that you will be posting what happens on this public forum!!!

Paul

Just to back up what Mark has said - the trustee's fees, creditors' dividends etc can be done after the form 5 has been issued, as long as you signed your trust deed after 1st April 2008

Agree with Kevin and Mark about the Form 5.

Chris

Any updates on this?

Paul

I think the whole scenario is extremely unfair. People go into agreements with firms, keep their end of the deal and then after meeting all their contributions when things should be wound up, they are either fobbed off, can't actually get to speak with their IP or indeed someone with any knowledge of the process and need to threaten with a formal complaint before anything happens.

Its amazing how the service people get before the sign is nothing like the service they get after.

Mark

Quick Update

I have just taken a call from Carrington Dean, in fact from Peter Dean directly, who tells me my Form 5 should be with me by the weekend, he also confirmed what Mark said above re dealing with creditors dividends etc after the form is issued, i.e this is what will happen but generally means once I have my form 5 I am discharged from my TD, I think this is the case??

Delighted with this news and all credit for the company for coming back to me, the issue seems to be more around them dealing with Creditors dividends, PPI claims etc than actually discharging people. Their "closing down" department, by their own admission, were mixing things up.

I will drop a note to finally let people know I have been discharged once I get my form 5, fingers crossed and thanks for all the help and advice