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Scottish Trust Deed Forum
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Topic starter
25/02/2024 8:13 am
Wondering if anyone can help or has been in a similar situation?
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My trust deed started 6 years ago...all was going well until covid, husband lost his job and I went on maternity leave all around the same time.Â
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I was unable to maintain payments. Went through a period myself of poor mental health and admittedly failed to correspond with anyone.
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Late last year we were finally back on track on track and I got in touch to see where I stood with co tinuining or catching up with some arrears. I submitted all documents needed for a financial review including bank statement, universal credit statements etc. I got an email back stating my trust deed could be extended and future payments would be monitored. However no one advised how much per much, how long for etc, so I queried this.Â
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Two months later I get an email to state my discharge had been applied for someone would be in touch with the process etc. Next few weeks I get another email to say congratulations on ypur discharge...
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Now, when I submitted my review I found out unexpected that I was pregnant again- due in May with maternity starting in March. I advised them of this also during the review submission and asked if I would need to submit another review or this had been taken into account.
I've made 29 of 48 payments over the trust deed time. Can they discharge this? Or am I expected to make all the arrears payments in time for discharge - which is impossible really. Will I be discharged with debt handed back to me? At this point I would actually rather be chased by creditors than deal with the trust deed company as every colleague I've spoke to in the last 6 months has been condescending and judgemental and honestly not helpful.Â
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I know every trust deed is different and I will need to wait on their response directly but has anyone been through similar?Â
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26/02/2024 12:54 pm
Hi @lisa219
When you advise you had an email advising of your Discharge did your receive a copy of your Form 5 which is your Discharge Certificate?
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Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
26/02/2024 1:31 pm
It might be worth checking the Register of Insolvencies to see if there is a date showing for "date of debtor discharge". You can do this via the Accountant in Bankruptcy's website. Best to just search on your surname and scroll through to find yourself.
If there is a date on that line then you are definitely discharged from all debts that were included in the Trust Deed. They may have informed creditors that you were unable to make all of your contribution payments due to circumstances outside of your control and that they were recommending your successful discharge without any further payments being necessary. (Fingers crossed!)
If no debtor discharge date then I'm afraid my best guess is that they have sent you out the discharge letter by mistake.Â
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
Topic starter
26/02/2024 7:47 pm
@kevin-mapstone thanks Levin I just checked and there's dates in both sections so I would assume that this means a definite discharge?Â
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Every time I have emailed and tried to corresponded with them over the last three years I've never recieved replies. On my form 5 I noticed there was a figure in the moveable assets box which has brought the final expected totals to above the initial repayment amount but I don't have any assets. Can they revoke a discharge if this 'asset payment' isn't recieved?Â
27/02/2024 8:56 am
Hi Lisa219. They wouldn't have processed your discharge if there was an outstanding payment to be received from you for assets. Maybe that represents a PPI payout or something similar which they already gathered in to the pot on your behalf?
Technically I think a Trust Deed could be reopened and your discharge reversed but it would certainly be very exceptional and would require an application to court.  This would only be in the event of your former trustee becoming aware of a pre-existing asset which had not been declared to them prior to your discharge. I am certain this is not something you need to worry about.
So yes, you have been discharged and can forget about your Trust Deed now and move on. Congratulations!
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
