Hi twoforty.

Your trust deed will no longer appear on the Register of Insolvencies one year after your trustee has been discharged. This may be some time after you have been discharged.

When you signed your trust deed it will have been "advertised" in the Edinburgh Gazette. This record is permanent we understand. It's available on line if you'd like to search it.

We also understand that this Gazette online entry is re-coded after some time so that search engines do not display it in search results - perhaps searching for you by entering your name into Google for example. The effect of this is that a determined and knowledgeable person would be able to establish that you'd been in a trust deed in the past, but nobody is likely to stumble into that information.

Newer trust deeds aren't advertised in the Edinburgh Gazette.

Regarding bank accounts, the only way you'll ever find out for sure whether you'll be accepted is by applying for an account. Have you tried this as yet? We've heard from plenty of people who have been able to change or upgrade their bank account after they have been discharged.

Thank you!

I hadn't thought of the record in the Gazette, but was able to find it fairly easily. As you say, it doesn't appear in a Google search, but is very easy to find on the Gazettes homepage. I'm not sure if any potential creditors would search the Gazette, and I suspect it would have to be done manually if they were to do so.

I guess the thing to do is avoid any potential banks or lenders who ask if the applicant has ever been in a trust deed or IVA as part of the application process. Santander are a case in point, every time I go into a branch, they keep pestering me about moving my mortgage to them. But, on the first page of their mortgage leaflet, it says they will not lend to anyone who has ever been bankrupt, in a trust deed or IVA.

I'll do a bit more research before starting to make any formal applications.

You might save yourself some time by speaking to a mortgage broker, twoforty. They should know the various lenders' requirements better than anyone.

I've just checked on the AiB website, and the trustee discharge date is tomorrow, 8th September. I'll check again on the 9th to see if its gone.

I'm not planning on changing mortgage lender until spring next year, so will speak to a few brokers meantime. The sooner I get away from N-RAM the better!

Hi twoforty.

I'm actually not that sure that many creditors would run a search on the Edinburgh Gazette.

The point really is just knowing that this information is "out there" in the event that someone who knew what they were doing wanted to go and have a look.

just tell any potential lender you haven't been in a trust deed, if its off your credit file then should be fine, that's what a broker will do when completing an application

If you're asked whether you've been in a trust deed in a credit application, and you're untruthful in your response, you've almost certainly committed fraud burns40.

Whether or not something is on your credit file is irrelevant. Lenders are entitled to ask.

Aside from any legal exposure, lenders also work together to keep a register of people who have been found to have submitted fraudulent credit applications. Anyone "found out" might find themselves excluded from mainstream credit indefinitely.

Everyone has to make their own decisions about things like this, but it's best to be aware of the risks.

very true TDA but how are you supposed to get a mortgage by answering yes ? Going on experience of the mortgage broking industry, if its past the 6 year cut off and not on credit file that box is getting ticked as no

Hi Burns40

Are you In and Have you ever been in - are 2 different questions.

It is also entirely possible (proved with one bank with a friend of mine before) that they maintain their own records beyond the 6 year time limit.

You could always ring them and ask to clarify since yours is concluded.

Or if it is possible, could you go into a local branch and discuss face to face? That way, you can say, that you did have one but it was concluded satisfactorily and it no longer appears on the AIB website or your credit report.

Otherwise, could you use an independent IFA who is familiar with the banks most likely to approve in your circumstances.

I have a Co-operative Bank with card and £200 overdraft. It has current and savings account. They did amend their terms to say they could refuse someone in an IVA / Trust Deed. Might be worth approaching them. Very few local branches, but if I need to bank something I use the Post Office. I am very happy with their service of my account and the way they have dealt with any of my enquiries.
(I took out the account just prior to my Trust Deed in 2008).

Good luck.

PS: I have a personal gripe about the Edinburgh Gazette. You and I were caught in a timeframe whereby all records exist for 100 years. After a certain date, they are not :-(. This means fighting a beaurocratic establishment though. Do I have the energy???