Hi ALCO2622

Do you know if the Trustee was formally discharged in your case.

Generally if they have been discharged, then there should bo nothing to stop you seeking further advice and if appropriate look at another Trust Deed. The very slight problem may be that the creditors will be aware of the position with the previous one which, although unlikely, may be an issue.

Can you let me know how much the redundancy payment was?

Mark

Hello ALCO2622.

Assuming that you have been discharged it might be possible to set up a new trust deed. Obviously it would be important to get personal advice first to make sure it's the best option for you.

As always it would then be up to the creditors whether they allow it to become protected.

Did you get confirmation that you were discharged?

What was the issue with the redundancy pay at the time from your perspective?

I recieved around 13000 redundancy pay made up of 8500 stat and the rest was lieu of notice, my original trustee demanded over 6500 to which I refused and after a lot of haggling I refused to speak with them any more, I am sure they sent a discharge letter but can't understand why my creditors never contacted me, my partner also has debts and we were considering the trust deed route,but my previous experiance putting me off.

As the others have said, a new trust deed may well be possible as long as the previous one was terminated. I take it you are back in work now?

Hi ALCO2622

If you check the Register of Insolvencies via the Accountant in Bankruptcy website, then this would clarify the position.

The normal course from what you say would be for the Trustee to seek their discharge, but not grant you yours. Whatever the Register of Insolvencies says as the current position would at least provide you with available options.

Mark

Have checked the AIB site and nothing coming up against my name?

Hi ALCO2622

Did you sign the Trust Deed 2 years ago or was this when you stopped making payments?

Mark

Yes stopped making payments,will be 3 years this July

Hi ALCO2622

It looks as though it may have been removed from the register due to the time period.

It may be worthwhile checking with the AIB to find out exactly what the position is as this will determine the best way forward.

Mark

I do remember checking before and there was a date of discharge on it, remember it as the date was Boxing Day 2012 ,if this helps?

Hi ALCO2622

Sorry I meant to say if it was only the Trustee who had been discharged or if they had discharged you as well. I've seen it happen and would alter things, depending on the position.

Mark

I think it was the trustee only but cannot be sure, as I said I have heard nothing from my creditors for nearly 2 years ,found this strange as I thought. they would be on my case as soon as the trust deed was cancelled.

Hi ALCO2622

I thinks that why the info is important. If the Trustee has discharged you, then there is no way for the creditors to pursue you for the debts, however if he has not then there will be.

If he has not, I suspect the 3 year anniversary may begin to get the creditors moving again as they will need to review the position and update their files. If there has been no discharge, then they will probably recommence recovery action. If there has, then they can't.

Mark

It is interesting that no creditors have been chasing you. I think it is unlikely you were discharged based on your description of events. I guess that they have probably just not amended their records to reflect the fact that you are no longer in a protected trust deed.

Unfortunately I imagine that they will realise eventually and start chasing you again unless you take action - though you never know.....