Welcome to the forum basic_electrons.

Just to confirm, you thought you'd both been made bankrupt but it now appears that perhaps this only applied to you?

Who was it that called your husband?

We had both wrote in on the same letter, we both got a letter from court stating if we wanted to appeal and were given dates to turn if we wnated to do that. We did not so never went to court. I got my letter saying it had happened, but we moved and we thought my husbands would be a day or two later. We never got his letter saying it happened, I tried phoning the trustdeed company but they said it had now been passed over and they no longer dealth with it. We thought the letter must have been lost in the post. Roll on 5 and 1/2 years, He got a call from the company we had a trustdeed with at his work (boss was not happy at all) stating he had not been made bankrupt and he still owed them monies. So turns out I was the only one made bankrupt and he was not. What can we do.

Hi basic_electrons.

If you visit the website of the Accountant in Bankruptcy you'll find a link to the Register of Insolvencies. You'll be able to look on this to confirm that your husband remains undischarged from his trust deed and his debts.

If that's the case I guess he'll need to work out with his trustee what happens next and where things go from here.

We dealt with 2 companies, the one we had the trustdeed with then we got transferred to another company when we were going through sequestration. It is the first company who have got back in touch and not the second company we were transferred to. This is why we are having problems as both of us got transferred, both of us got letters, how did somehow, my husband end up getting a phone call 5 and half years after all this. And what happened in regards to being transferred over?

I am having no luck at all there is nothing on myself or husband doing that, although I did find it in the Edinburgh gazette a while back, I can not find it now. I am putting in both our names and there is nothing at all for either of us. I am now getting worried.

Hi basic electrons

I wonder if the easiest thing would be to call the AIB's office and explain the circumstances and ask if one or both of you were sequestrated and if so could the provide the date of sequestration and the dischgarge date, as it may well be that the Register has removed the information.

Mark

Thanks Mark, I will give them a call, I am calling the court as well and they are looking out records for me. I found my husband on it eventually and the new address we moved to was not updated, nor the one we moved after that and it does state trustdeed. The court is being quite helpful in this matter. I am still worried in regards to both of us being transferred to another company and now it seems for my husband it went back to the first one and 5 and half years later they get in contact I do not understand this at all.

Hi basic electrons

Hopefully the court or AIB will provide the answer. Interestingly, because it was a self petition (not by a creditor) then the address shouldn't really be an issue as there is no requirement to serve papers on you both and therfore the sheriff would not need to have been satified that papers were properly served befiore awarding sequestration.

Also depending on what you or creditors have done legally in the last 5 years, then something called prescription may apply. Again very generally, prescription will stop creditors being able to pursue you legally for debts over 5 years old if they have not carried out legal recovery in that period and you have not admitted the debt in writing etc.

Forum's getting very technical this morning!

Mark

we have not admitted debt owing anything nor have we been pursued by creditors, nor the AIB but now the company we originally had the trustdeed with. I phoned edinburgh gazette and got a copy of my notice, thankfully I am out of this, but my husband seems to be in the picture for something long ago dealt with by us.

Do you know why he would have been transferred back to the trustdeed company, after being transferred to the AIB and then sheriff court? no one seems to know and the original trustdeed company say it is under investigation and they will let us know what we have to do, I am refusing to accpet anything due to time limit and previous hand over to other company in regards to this matter. Technical, how we all like it first thing in the morning to start your day. HA

Hi basic electrons

I think you will need to clarify if your husband was sequestrated or not as a starting point. From the information there are 4 likely outcomes:

Firstly your husband was not sequestrated and the trustee from the original trust deed is incredibly somehow still in place.

Secondly your husband was not sequestrated and prescription prohibits the creditors pursuing the debts.

Thirdly your husband was sequestrated and would have recieved his automatic discharge after 3 years.

Lastly your husband was sequestrated and the trustee sought a deferral of the discharge, so this was not automatic after 3 years.

It maybe the company you had the original trust deed with could clarify the position as I am unsure on what basis they are looking for money.

Mark

we had a trustdeed, we both got in touch with the company and stated we wanted to be made bankrupt as we can not afford the money any longer. we got transferred to AIB, we got letter from AIB, I was the only one who got a letter stating I was going through sequestration and was disharged a year later with a letter from AIB. We never had any further letters in regards to husband. We had phoned and tried to give change of details, AIB took them for us, previous trustdeed people would not take details as it was passed on. Fast forward 5 and 1/2 years we get a call from trustdeed company saying husband owes monies. There has been no contact in that time and as far as we knew we went bankrupt according to the non payment of trustdeed letter stating we wanted o go bankrupt then being passed over to AIB. Sorry if this is not clear, it obviously is in my head and right now that is in a state of panic and breakdown worrying. I can not believe how helpful this site is. Thanks so much

Hi basic electrons

If you have been contacted by the former Trust Deed company who are looking for money, then you will need to find out what the money is in respect of and under what authority are they seeking this money. Are they still acting as trustee and seeking it as Trustee? If not, then I cannot see how they can look for money 5 years down the line.

Mark

They are saying husband is still under trustdeed, though we knew nothing of it.Last we heard we had been passed to AIB and heard nothing in over 5 years so not sure. Trying to get all details and find out what I can do next. They said they were going to arrest his wages at 19%, this is over 5 years can they do that?

Hi basic electrons

There are too many variable to advise what they can do. I'm amazed that they have waited over 5 years to do something. When was the Trust Deed signed?

Mark