I'm in the situation where I have sent my trustee a settlement figure which they agreed to and I am now not being sent my Form 5 until they have tried to claim for PPI which may take 12 months. As a result I will end up homeless as I'm unable to get take over the mortgage on my home until I am discharged.
Is there anything I can do?
Hello MadGit.
I've just read over your previous thread here to remind myself of the circumstances.
Has your mortgage lender actually now agreed to remove the other party from the mortgage and leave you the sole borrower after you've been discharged?
When did you sign your trust deed?
I signed my trust deed in September 2012. I settled in April. My mortgage lender has agreed in principle to the mortgage being taken over but not until I receive my form 5. I have stated that my trustee is willing to provide a letter confirming I have settled my trust deed but was told I need the discharge papers.
It's just a question of reasoning with them MadGit.
Can they issue you your Form 5? The firms that post here think that they can, they regularly discharge clients that have completed their obligations while they remain in office to carry out other tasks (such as PPI claims).
There are other firms that have formed the view that they don't want to do that. We hear about one here very often, though there was a recent thread suggesting that their position might have changed.
The thing is that while it seems firms can discharge people while PPI claims carry on, we don't know of anything that obligates them to do so. So you're probably just going to have to persuade them to got on your side in this given the serious ramifications their decision will have for you.
Thanks for your help I have sent them an email letting them know the situation I am in. Hopefully they will be willing to help if not I will call and ask to speak to my trustee directly.
I'll let you know how I get on