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Trust Deed Discharge Process

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(@bobbyb777)
Active Member
Joined: 5 years ago
Posts: 6
Topic starter  

Made final payment on Trust Deed. Web chat with advisor, told discharge process will take 3-6 months. When I pointed out their website stated approx 1 month, they checked, and I was told that it was a mistake and IT had been notified.
Here is end of conversation -
Me - I have received Form 4. Will I be receiving Form 5 soon?
Advisor - You will receive this within 3-6 months
Me - Why so long?
Advisor - The reason closure can take a bit of time is because we need to contact your creditors so depending on their response this can take some time
Me - Do you need to contact creditors before sending Form 5?
Advisor - The creditors need to be contacted during the closure
process before you can receive the closure documents
Me - can you send me link to your 3-6 month closure timescale please, so I have all the correct information.
Advisor - This is not updated on our website yet unfortunately this may take some time.

Any advice would be much appreciated


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Welcome to the trust deed forum BobbyB777.

This must be really frustrating for you when you've completed your side of the bargain.

In terms of trust deeds in general, there is no set period of time (or any set maximum period of time) within which firms have to discharge you and issue the Form 5.

However, we're not aware of anything that prevents a trustee from discharging you quickly once you have completed all of your obligations. They can discharge you and continue dealing with your creditors afterwards (until they discharge themselves).

I guess it's likely that some firms are taking longer than they'd usually take to complete administrative processes like this at the moment as a result of homeworking for some staff and other staff on furlough.

So in summary, I doubt there's anything stopping them from discharging you quickly other than the priority they place upon this and the resources that they currently have available. You'd certainly be entitled to keep "encouraging" them to get on with it, but unfortunately you don't have any particular entitlement for it to happen within a defined period of time.

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


   
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(@bobbyb777)
Active Member
Joined: 5 years ago
Posts: 6
Topic starter  

Quickly distrusting my company. Already spoke to 4 advisers about my final payment month. 3 different 'stories', before they agreed it was an error and changed it.
I too thought that I could be discharged before the trustee discharges themselves, but I don't think that is what adviser said in Livechat.
Thanks for your advice. Think I will need to just keep going.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 17 years ago
Posts: 13594
 

Yes, keep going BobbyB777!

Your trust deed provider isn’t really doing anything wrong, but with a bit of “encouragement” perhaps they’ll decide it’s best just to crack on with sorting out your discharge!!

They can do everything they need to do with your creditors even if you have been formally discharged.

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


   
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(@bobbyb777)
Active Member
Joined: 5 years ago
Posts: 6
Topic starter  

Had Livechat with advisor. After the usual 'we need to hear back from creditors before issuing Form 5', he then said they were waiting to hear back from the AiB, regarding Form 4, before they could issue Form 5.
Is this correct?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

I don't know BobbyB777 (I'm a debt adviser rather than being personally involved in administering trust deeds). But I can say that I can't remember hearing this reason for a delayed discharge being mentioned in the forum before!

Hopefully one of our experts (who are directly involved in administering trust deeds) can provide some feedback for you when they next get the chance to visit the forum.

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


   
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(@bobbyb777)
Active Member
Joined: 5 years ago
Posts: 6
Topic starter  

I couldn't see anything regarding discharge and Form 4. The information regarding Form 5 from this forum proved very useful when dealing with the companies. Info on Form 4 would be handy.
thanks


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hi BobbyB777.

I think the only connection is that Form 4 tells the Accountant in Bankruptcy when they expect to discharge you.

The bit I'm unsure about is why they'd need a response from the AIB (this hasn't come up here before that I can remember). Hopefully someone else will be able to clarify this for you.

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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

Hi BobbyB777 - apologies it has taken me a few days to pick up this thread.
The Form 4 is the annual report to creditors, which must also be lodged with the AIB soon after each anniversary of you signing your Trust Deed. An outstanding Form 4 would certainly delay the Trustee's discharge (Forms 6 and 7) but I don't think the status of any Form 4s should stop submission of the Form 5.
I think it may just be that your trustee has a set diary for doing these things in a certain order at a certain time and prefer not to deviate from this in order to ensure they don't miss any part of the process.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@bobbyb777)
Active Member
Joined: 5 years ago
Posts: 6
Topic starter  

Thanks Kevin Mapstone, as I thought. The Trustee advisors have gone from one 'misleading' reason to another, which is difficult to challenge. They even tried to extend for a month and take extra payment.
This site is amazing as it gives correct information.
Thank you.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hi BobbyB777.

I'm glad that Kevin has been able to clarify this for you.

Thanks for your kind words about the site and I hope you receive your well-earned discharge soon.

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


   
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(@bobbyb777)
Active Member
Joined: 5 years ago
Posts: 6
Topic starter  

Thanks Amy and Kevin Mapstone, just received Form 5, discharged 22 days after final payment.
Many thanks for all your advice.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

That's great to hear, Bobby. From 3-6 months down to 22 days! It just goes to show what can be done, though it's a shame that you had to put in so much effort to make that happen.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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