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Trustee Disharge

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(@tdfree-1989)
New Member
Joined: 11 years ago
Posts: 2
Topic starter  

I was discharged from my Trustdeed in November 2014, I have no PPI and there shouldn't be much administration left but my Trustee still hasn't been discharged.

When should this be acceptable? I think it's been long enough now at 5 months but want to check when's reasonably?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

There's no clear expectation for this TDFree-1989.

The trustee could quite justifiably claim that they've met their responsibility to you by providing you with your discharge.

The only real downside I can see for you from their delay in discharging themselves is that your details will remain on the Register of Insolvencies for a longer (a year after the trustee is discharged).

I do recognise that the trustee being discharged is something that many of our visitors look forward to and appreciate, even if it rarely makes any material difference in what they can and cannot do or achieve in the interim.

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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Have they given you a timescale, or a reason as to why they have not been discharged yet? No harm in asking the question and maybe it will prompt them to get moving...

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


   
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David Tannock
(@david-tannock)
Famed Member
Joined: 12 years ago
Posts: 2581
 

Hi TDFree-1989,

The relevant part for anyone coming out of a Trust Deed is their individual discharge which is called a Form 5. If you have received that then this means that you are now no longer legally responsible for the debts. The Trustee remaining in office shouldn't have any real implications for you other than like TDA advised, your details remaining on the register of insolvencies for that little bit longer. I do understand though about receiving full and complete closure.

Do you know if the Trustee has established themselves that there is no PPI? A Trustee needs to be satisfied that they have properly investigated all PPI on all debts that were included in the Trust Deed but also any old debts which you may have paid off prior to the Trust Deed and were not entered into it. This unfortunately can be a time consuming process and a Trustee can't take the word of an individual that there was no PPI. We have received some very large PPI payments in cases where a client advised us that there were none and this was as a result of the client being unaware that PPI was added to the product. Once the Trustee is satisfied that no PPI exists via their own investigations then your case should be passed to the closure team, payments made to your creditors and your Trustee discharged.

Is it the issue of repairing your credit rating that you want to try and focus on? What I've learned on the forum is that any official default notices will remain on a credit file for 6 years from the date of the default which you want to ensure is dated as close to the beginning of your Trust Deed as possible. After 6 years these should drop off. When did you enter your Trust Deed TDFRee-1989?

You may want to give your relationship manager a call and ask for an update.

Let us know how you get on.

David is not currently posting in the Trust-Deed.co.uk forum


   
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