Hi everyone,
I havent heard anymore from kpmg about my trustee discharge i'm just wondering will he inform me by letter when its all done? or if i have to find out myself?
The reason i asking this question is i checked registry and nothing is listed that i can see but today i have allready had 2 debt letter appear from solicitor appear today saying they have been advised my trust deed failed and demanding money or payment scheme. I knew this was coming but i was just little suprised since even i didnt know that he was discharged as ive recieved nothing more.
Since i hadnt actually had any knowledge that it was finalised i'm just wondering what i should do now. i was rather reluctant to speak to either solicitor but i called one anyway and explained i knew he was discharging himself but i hadnt been told it was all done and that i will be seeking bankruptcy. Women was nice enough she said i could make token payment in meantime to hold off any court action if i wanted or debt recovery action and she would list it on the account what i was preparing to do. Told her ccj really mean nothing to me now my credit is non exsistent so they would be wasting there money as i have nothing to give. I wont be able to scrape my bankruptcy payment together till middle of june and its going to be the 200 instead of the 100 as the fee goes up in june. So do i tell them that like i did with the first one or just let them keep sending me letters.
Lou
Hi Reidy1982.
Whether confirmation comes from your trustee, or the official register, I don't suppose it matters too much whether you choose to contact any creditors that get back in touch with you between now and mid-June.
If you do contact them and explain the situation they may be happy to accept the position and mark their file accordingly.
They might also request that token payments be made which I'd suggest that you avoid in these circumstances to help save up the ยฃ200 as fast as possible.
If you don't contact them they may hassle you by phone or letter, but there is really nothing much they can do. I suppose they might technically seek to bankrupt you... but I doubt you'd worry too much about saving the ยฃ200?!
TDA Is there anyway of finding out if he has discharged but hasnt informed me? the reason i am asking is i contacted the other solicitor just and according to them they were informed the trustee discharge was in the middle of the month?? as i said i havent been told and nothing on register, i would really like to find out as i have just spoke to a family member who is willing to borrow me the 100 on the off chance i can get it in before the 1st but since i dont know if what the solciitor told me is correct, i dont want to try and call them and pay the fee when im unsure.
Hi all
In terms of the regulations, the discharge is effective 14 days after the trustee has notified creditors. The registration is only part of the process.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
I got letter from kpmg this morning its says it to the debtors and all known creditors, Basically saying he is seeking his fee's from period of july 2011 to 14th may 2012. The detailed scheme of divisions. I am assuming this is the letter that went out to creditors. Is this my confirmation hes discharged himself??? As letter was sated 15th may which would be right the 14 day limited after his inital letter that said i could apply to sheriff court if i disagreed with him standing down.
I also received another letter from one of solicitors today saying there taking court action against me if i dont pay in full or contact them. Wasnt impressed since i only just got there first letter yesterday and spoke to them.
Your trustee is not actually discharged until his fees have been agreed, he has paid creditors a final dividend and then has sent the form 6 to the creditors and a further 14 days has elapsed.
I think the point at which you can apply for sequestration yourself is a bit of a grey area though, lou, as the legislation is not clear.
Once the trustee has issued his determination that you have not complied and will therefore not be discharged from your debts then creditors are deemed no longer to have acceded to the trust deed. It therefore could be argued that you should be free to apply for sequestration on account of the fact that although you are subject to a trust deed it is no longer protected.
In practice I am not sure whether the AIB would look at it this way. I expect they will require you to at least have a certificate for sequestration, and they may decide that you have to wait until the trustee is discharged.
I will contact the AIB and try and get an answer to this for you.