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Trustee Discharge Vs Debtors Discharge

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(@saabrina)
Estimable Member
Joined: 14 years ago
Posts: 148
Topic starter  

Hi
If a Debtor is discharged from their TD and the Trustee remains in office what exactly does that mean? I know that in most cases this is to chase up PPI claims, but what happens if for example the Debtor has been discharged, then receives a windfall before the Trustee is discharged? Does the money still go to the TD?
It's a hypothetical question, but one I've been wondering about because of the number of posts on here where people are waiting a long time for Trustee discharge.


Saabrina


   
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(@jimmybee)
Trusted Member
Joined: 13 years ago
Posts: 71
 

I believe that when you the debtor is discharged any windfall is yours to keep,as far as I am aware you have done your part of the deal by making all your payments, so in effect your part of the agreement is finished.Matbe the experts can shed more light though.



   
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(@saabrina)
Estimable Member
Joined: 14 years ago
Posts: 148
Topic starter  

That was what I though Jimmybee, but heard something that conflicts with that so I was wondering why bother discharging before the Trustee is ready.


Saabrina


   
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(@plasticdaft)
Noble Member
Joined: 17 years ago
Posts: 1594
 

When the debtor is discharged you have met your side of the td and paid in what you have to, so any windfalls are yours to keep.

Paul


Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

To define the answers ( slightly) a windfall is regarded as a new asset which did not exist at the time the trust deed was signed and therefore would not go to the trustee. PPI however existed prior to the Trust Deed being signed and would go to the Trust Deed. The key point is the date it originated/existed and the individuals entitlement to it.

Mark


Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@jimmybee)
Trusted Member
Joined: 13 years ago
Posts: 71
 

So Mark am I right in thinking that only when you are discharged from both can you be really free to benefit from any windfall from ppi etc which may have been missed by the trustee during the trust deed period.



   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi jimmybee

Yes, once the Trustee is discharged, he/she has no authority to pursue or receive and funds after the date of discharge.

Mark


Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@jimmybee)
Trusted Member
Joined: 13 years ago
Posts: 71
 

Thanks Mark,that helps so much, to people who may have something to come. although no chance for me as the trustees got all my ppi such is my luck lol.



   
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(@saabrina)
Estimable Member
Joined: 14 years ago
Posts: 148
Topic starter  

So what if someone received an inheritance or won the lottery after they were discharged but their trustee was "still in office"? Sometime there is a long time between one being discharged and then the other, just trying to understand the rules.
Thanks for the replies


Saabrina


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

Hi saabrina.

I think the answer is going to be that you keep them. They didn't exist before your discharge, unlike the potential for PPI claims.


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
 

Trust Deed Assistant is right, once you have been discharged then you have no further financial obligations to the trust deed or your creditors.


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


   
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