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Trustee not paying creditor

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(@upnorth76)
Eminent Member
Joined: 14 years ago
Posts: 27
Topic starter  

Hi Folks.

I made my final payment to TD back in Nov 2011 and although all other creditors have updated the records as 'satisfied' the RBS has not.. I applied for mortgage last week and all was going well until the RBS default was brought up, I phoned RBS and they have informed me that the trustee has not paid.. To say i will be annoyed if this turns out to be true will be a major understatement, As i held up my end of the deal with the TD made all payments, sorted out my life, got a new job & this blip has seriously messed up my changes in getting a mortgage... The bank manager said himself, he would of approved it if it wasn't for this blip.

Is there any way i can force the trustee to show the payments made to the creditors, time is against me as i need to have this resolved by Friday next week or I the seller of the house will put it on the market.

Trustee is Begbie & Traynors


   
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(@pinalta)
Reputable Member
Joined: 13 years ago
Posts: 315
 

Im with Begbies too the service is lousy and my trustee a joke . Did you get a list of claims by creditors from them , it will show who claimed what , very puzzled that the RBS was not paid , as its my understanding that the trustee has to pay all creditors at the same time to get your discharge and a equal divident would have to been paid to them . Again the experts are the ones to advise on this , and the advice is first rate , is your trustee's initials KWP by any chance ?? , hound them until you get a proper answer log all calls/ names and send any info by recorded delivery . I have no faith in this company or my trustee , so you have my full support hang on in there you paid the trustees fees , demand a full explination , hopefully its something simple to fix , have you looked at your credit report to see what's on it ??. Let us know how you get on [;)]


   
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(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

Claims must be made by creditors. Maybe rbs didnt claim. Tough if they didnt as theystill are bound by the td.

Paul

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


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

I think it is very unlikely that your trustee would not pay RBS if they made a valid claim. More likely that they either didn't claim, as plasticdaft suggested, or that the payment for some reason did not get allocated properly at their end. RBS use an agent on their behalf to manage all of these transactions, so it is possible that something went astray there.

You should ask your former trustee for confirmation.

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


   
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(@upnorth76)
Eminent Member
Joined: 14 years ago
Posts: 27
Topic starter  

If RBS didn't claim, can they chase me for payment ( I think they can't)
And will they ever update the record as 'satisfied' or will it be shown as a continuous 'default' and is there anything I can do to make RBS change it, as its no fault but their own if they failed to make a claim.


   
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(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

They cannot claim now or chase you up. They were bound by the td and must mark accounts as settled or satisfied to reflect the reality of your account.

It may well be their own fault that they failed to register a claim but that doesnt matter one jot to you.

Paul

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


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

Hello upnorth76.

It's between RBS and your trustee in terms of whether there was a claim that should be paid. It shouldn't matter to you one little bit.

Request that RBS deal with your credit report promptly, complain to them if they do not, and then complain to the Information Commissioner if they still do not.

They have a responsibility to make sure your credit report reflects reality. The reality after being discharged from a trust deed is that you don't owe them anything.

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


   
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(@upnorth76)
Eminent Member
Joined: 14 years ago
Posts: 27
Topic starter  

Just spoken to Begbie Traynors... I am now more confused, NONE of my creditors have been paid and won't be until the trust deed has finished although i made final payment back in November 2011 and my letter of discharge is on its way.... All my creditors show as 'satisfied' but RBS do not.

RBS made a claim back in 18.02.2009

Begbie Traynors advised: "As discussed legislation has come in stating that VAT is no longer chargeable to Trust Deed, therefore all VAT that has been charged to your case must be refunded for the benefit of your creditors. I will then proceed to close your Trust Deed and you will receive your letter of discharge in due course"

Where do i stand with RBS now - Can i still ask them to update my records as being satisfied or are they in a legal position to say "we haven't received payment and until then, it will be shown as a default"


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi upnorth76

I must admit that I'm not entirely surprised. There is nothing to stop them paying an interim dividend until the VAT issue is resolved and then finalising once this has been completed.

Mark

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


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

Hi upnorth76.

Once you have been discharged your credit file should reflect this irrespective of whether your trustee has been discharged or whether your creditors have been sent a dividend.

This article explains why and how:

https://www.trust-deed.co.uk/repair-your-credit-rating.html

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


   
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(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

A company to avoid methinks.

Paul

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


   
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(@upnorth76)
Eminent Member
Joined: 14 years ago
Posts: 27
Topic starter  

Thanks Amy..

I will read over this..


   
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(@pinalta)
Reputable Member
Joined: 13 years ago
Posts: 315
 

Hang on there , aviod this firm at all costs and aviod being milked for fees , and issued with threats when you demand answers .[:0]


   
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