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Protected trust deed discharge help please

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(@hunnycat)
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Joined: 14 years ago
Posts: 5
Topic starter  

I signed a trust deed in may 2006, this was granted protection in Aug 2006.
At the time i was paying £50 per month towards this but after about a year i couldnt afford this so they told me i could stop paying. At the 3 year anniversary it was extended to a 5 year.

I had a property down south which was being rented out to cover the mortgage and was asked to get the tenants out before they sold the property. At this point i couldnt afford the mortgage and the trustee was dragging thier heels arranging marketing of the property and after 8 months the property was repossed.

May 2011 was the 5 year anniversary & I called to ask what was happening about my case. I was told it was being processed and would be closed, when i asked when i would recieve my discharge letter i was told i wouldnt as i was non compliant!
The girl just kept repeating this when i was asking questions.

The help i need is , what does this mean with regards to applying for credit? I want to open a joint account with my husband & we want to apply for a mortgage within the next 2 years.

I did manage to speak to one guy who said it doesnt matter and that after 6 years it would all drop off my credit file. Do i still need to declare it after 6 years?

So confused

thanks .x


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 16 years ago
Posts: 4798
 

Hi hunnycat

Which firm are you dealing with?

I have never known a trust deed to operate at £50 per month unless there were other assets involved.

As your trust deed is 2006, I suspect the only option for the trustee is to petition for bankruptcy. I think you need to ask them exactly what their intentions are.

As for getting a mortgage, i think this is extremely unlikely with the trust deed and the repossession.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@hunnycat)
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Joined: 14 years ago
Posts: 5
Topic starter  

Hi Mark,

Thanks for the reply

Its with KPMG, The £50 per month figure was all i could afford at the time as was only working 20 hours per week and had a baby. I also had a property down south which was part of the trust deed at the time there was about 20k equity in it, but this was reposessed in September 2010 due to the house not being put on the market when i had asked the tenants to move out in December 2009 and i couldnt afford the payments.

Apparently my case has been closed? I havent heard anything and when i phone i feel i get no information. In May 2011 i phoned and spoke to a guy who said the case had been passed along to be closed down and when i asked when i would get a letter of discharge he said in about 3 months.
I then got a call back from a girl who said i wouldnt get a letter of discharge as i was non compliant, when i asked what this meant for me she said nothing and that that was it all over.
I am beginning to realise this may no be the case!

I had a letter from a solicitor before xmas for one of the debts which had been sold along and when i Phoned KPMG to get information regarding this and they couldnt find my case and said it had been closed. The solicitor found my trust deed details and closed the debt down.

I am so confused by the whole situation and am not concerned as obviously i thought this was all over and done with 🙁


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 16 years ago
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Hi hunnycat

If you go the the accountantin bankruptcy`s website you can check details of your trust deed in the register of insolvencies tab.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@hunnycat)
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Joined: 14 years ago
Posts: 5
Topic starter  

Hi Mark i did that last night, i dont understand it.

it says my trustee was discharged in 18th April 2011 & Date when statement of realisation and distribution received 28th April 2011 but there is no end date.

If they are going to petition for bankrupcy how long would they normally leave this?

Thanks 🙂


   
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Mark McFadyen
(@mark-mcfadyen)
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Hi hunnycat

I think bankruptcy is unlikelyif they have managed somehow to obtain their discharge.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@hunnycat)
Active Member
Joined: 14 years ago
Posts: 5
Topic starter  

Does this mean that i am now clear or does it mean the debtors can come after me again?

Sorry for all the questions i am just in a state of panick just now as i have been reading so many different views on this. I am going to phone KPMG tomorrow for clarification but i really dont feel secure in the information they give me as i have been passed from person to person when i call.


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 16 years ago
Posts: 4798
 

Hi hunnycat

Post April 2008, the trustee had the option to discharge himself and give you your debts back. prior to this, it was a different route for discharge. If your trustee followed the normal process then both he and you will be discharged from the trust deed and they should not be able to come after you for the debts.

Hope this helps

mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@hunnycat)
Active Member
Joined: 14 years ago
Posts: 5
Topic starter  

Thank you Mark for all your replies, I feel a bit more at ease now and may actually sleep tonight. I will get onto them tomorrow first thing.

thank you again


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 16 years ago
Posts: 4798
 

Hi hunnycat

No problem at all. Glad to be of assistance.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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