Hi sososad.

Have you ever received any confirmation regarding discharge from your trust deed?

Hi, when I spoke to the secretary of the company she said I can't be discharged as I was not in a trust deed, although my credit file says differently. I am frightened to call them again in case it upsets things with the DAS ? Can they come back to us looking for money even though I have a letter from the ip advising that all dates were now back to me?

Thanks

But you had definitely signed a trust deed, which presumably became binding when you signed it. If that's the case then I'd have thought it should show on your credit file.

I think a lot of people choose to become bankrupt if their trust deed does not become protected, but it's not mandatory. If you have paid nothing and not been asked to pay anything it's hard to think you haven't been discharged from the trust deed. Once discharged you are free to use DAS or other options.

I wonder if Mark, Kevin or Shona will pick up on something I'm missing here?

I definitely signed a trust deed, I advised them I was going to citizens advise they then sen me a letter stating that all debts were re-invested in my name and when speaking to citizens advise they went ahead with a DAS scheme which I have been in for 2 years?

I think you're fine sososad.

Is the confusion that a trust deed shows on your credit file? I'm not sure that it shouldn't, and it will vanish after six years.

I would like to be discharged from it as I was never in it basically I paid £400 then went into a DAS? Can I still be discharged? I'm so confused. Also do they have any come back on me going elsewhere?

I think you were in it, because you signed it (before creditors did not allow it to become protected). It was a trust deed, but it was unprotected (so creditors could still use legal action if they chose to).

I think your comment about being told that all debts had been put back in your name was connected to your discharge from the trust deed. I think you have been discharged.

If that's right, there is no problem at all with going elsewhere to do a DAS.

Hold on for Mark, Kevin or Shona to add their thoughts. I think they'll say the same as me, but it might give you a bit more reassurance if they do sososad? I hope that it will.

Am instill within my rights to ask to be discharged from the TD as I have been in the DAS for 2 years? Does the IP have any rights to any money or property?

Hi sososad.

From your comments I think you were in a trust deed, and have been discharged already.

Can I suggest you try to speak to someone else at the office of your insolvency practitioner to get to the bottom of what happened and when?

Okay I will thank you for your help.

Hi sososad

Shona is out of the office at present therefore I'll give you my opinion. I would suggest you check the register of insolvencies to see if your name is still on it- http://roi.aib.gov.uk/roi/

If the IP states you are not in the Trust Deed then request this in writing. When this is received contact the credit reference agency and ask them to remove it.
In relation to the DAS the creditors would have declined it, if they were already receiving notice that you were in the TD.

I guess you signed a trust deed which was then advertised in the Edinburgh Gazette in order to try and achieve protection. that will be where the credit reference agencies picked it up.

It will not show on the register of insolvencies if it did not achieve protection.

I think Michael is right - your best bet is to get it in writing that your trust deed ended and send a copy to the credit reference agency.