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Still no formal discharge after 8 months

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(@clawsmagoo)
Active Member
Joined: 10 years ago
Posts: 7
Topic starter  

Hello - I need some advice about what is deemed a reasonable length of time to be formally discharged. My TD completed on 21/10/2014 and as yet i have not been formally discharged. I have made several calls to the TD managment company and the last update i had was that the final 7 day letter had still to be issued. I know that there were some difficulties with some of the creditors but it seems that this is an in ordinent amount of time for the process to take. I have never missed a payment and have cooperated at all stages throughout the deed. Is there anything i can do to move this along ?


   
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(@sold-down-river)
Trusted Member
Joined: 11 years ago
Posts: 86
 

Unless you are with creditfix where this is the normal.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Welcome to the forum Clawsmagoo.

There's no set period of time within which discharge should be issued, nor is there a set period of time for which it is (or isn't) reasonable to wait for this to happen.

You do have options to chase up your discharge regularly, and you do have the option to make a formal complaint to the firm if you consider that to be justified.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@clawsmagoo)
Active Member
Joined: 10 years ago
Posts: 7
Topic starter  

Thanks TDA

I have arranged to call again tomorrow for an update, i was just unsure what was classed as normal !

I'll keep you posted !


   
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David Tannock
(@david-tannock)
Famed Member
Joined: 12 years ago
Posts: 2581
 

Hi Clawsmagoo,

We normally issue a Form 5 (official discharge certificate) within 3-4 weeks of someone completing their obligations. Waiting 7 months is a long time for this.

I would chase up your discharge and ask why you haven't received this when you completed your obligations in October 2014. Unfortunately it's probably going to take you phoning on a regular basis for you to receive this. Maybe even a daily basis.

Let us know how you get on.

David is not currently posting in the Trust-Deed.co.uk forum


   
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(@clawsmagoo)
Active Member
Joined: 10 years ago
Posts: 7
Topic starter  

Hi DT
Progress today - I have spoken to Knightsbridge and they have agreed that will progress the Form 5 and discharge me from the Trust. They have said that there are still outstanding dividends and that until they are paid that the Trustee can not be discharged. They have said that this will take up to another 8 weeks.

Do you know if the Form 5 will be sufficient for me to update my credit History with Equifax and experian ?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi Clawsmagoo.

I can answer that quite concisely for you...

Yes!

Your trustee's discharge isn't something that should concern you much - your discharge is much more important and significant.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@finishedmarch15)
Eminent Member
Joined: 10 years ago
Posts: 29
 

Clawsmagoo, can I ask if they gave you a timescale for the Form 5?

I'm also with Knightsbridge and had the same argument with them last week. They suggested they would complete the Form 5 however, claimed there was a backlog of people awaiting the closure process and I would need to wait my turn.

TIA


   
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(@clawsmagoo)
Active Member
Joined: 10 years ago
Posts: 7
Topic starter  

Hello TIA
I was advised that it should take no longer than 2 Weeks but that they hoped sooner. I have told them that I will call on Friday next week if I have not received the Form 5. I know they have a back log and some of the issues I have had had been down to My Creditors failing to respond to letters etc but It just seem to have taken such a long time to sort it out. The Conversation I have last week seem to work, after looking at the legislation on line and advice from the forum I was able to state clearly that the time they have taken to issue letters and await for responses was well out with the timescales that are legally required for the creditors to reply. Even with the issues I have had its still an in ordinate amount of time. I basically said that I had complied fully throughout the term of my deed and that if something was not done that I was going to raise a formal complaint. I have always been polite and clam when I have called but being able to demonstrate that I had a little knowledge about the process seem to work. I hope it does not take as long for you !


   
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(@clawsmagoo)
Active Member
Joined: 10 years ago
Posts: 7
Topic starter  

Hello
A Wee update for you all and some information if anyone can help.
I received my form 5 from my trustee on Tuesday! It's taken 9 months but at last it has arrived.
I have sent copies to both Equifax and Experian, will there be an update to the credit file to confirm that the deed has completed? I also have one CCJ that was included in the deed that is still not satisfied, Do I need to approach the court myself to have that updated ? Also, there was a post earlier about a company who may lend/lease for car purposes. I too need to replay my car and wondered if there were any lenders that would be sympathetic? I know the interest rates are going to be rubbish but I need to start somewhere!
Thanks


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hello Clawsmagoo.

I'd go onto the AIB website and check whether the Form 5 has been added to your record on the Register of Insolvencies. It's all official if it has.

None of the folks that answer questions here are experts on credit files - it's a totally different area to debt advice and insolvency so we have little training on the subject.

Hopefully some of our members will be able to share with you their experience of approaching credit reference agencies, dealing with CCJs and similar, and looking for car finance soon after a trust deed.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@clawsmagoo)
Active Member
Joined: 10 years ago
Posts: 7
Topic starter  

Hello ! The AIB website has been updated as of the 2/6 hopefully that will start to filter through ! Thanks


   
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