Hi gemgem

He's licenced by the IPA ( insolvency practitioners association)

Regards

Mark

Thank you Mark.

Hi gemgem

Strange as it may sound, I'm sitting with 2 monitors from IPA. (Nothing bad)

I put the question to them and they were surprised at the approach adopted. What if you were not discharged for another year due to this, however you won the lottery 8 months after you should have been discharged!

Mark

Ok so having spoken to the IPA it seems that at the moment there is not much that I can do, the hope is that something should be more definate in weeks rahter than years due to the fact that some Trustees have put discharges on hold and as soon as they know which way to go with it discharges will then continue. Although this does not really help my situation I think that I have covered every avenue for advice and will now have to sit and weight and hope that some decision is made sooner rather than later.

Hi gemgem

My one concern is that this is very unlikely to be settled or verified in weeks or even months.

The case was England & Wales based and it would take a test case in Scotland to bring it up here and you know how long court stuff takes.

Mark

I agree with what you have said about the "Lottery Win" I want to move on with my life and my husbands job means he need to get this sorted asap. The time scale is also a concern of mine, the gentleman at IPA said a press release from ICA last week stated that the VAT issue could apply to Trust Deeds and to be honest I can't see this being resolved very soon but I don't know what else I can do!!!

Hi gemgem

Having a wee think about this and think I have a solution.

The case was signed after April 2008 and therfore the 2008 Regulations apply.

In terms of PTD Regulations S.19 there is nothing to stop the Trustee issuing you with Form 5 discharging you from your Trust Deed, however he can remain in office as long as he wishes to sort out the VAT/dividend or whatever he fancies. Your discharge has no effect on any of this.

Job done.

Mark

So do I contact my trust deed assistant and put this forward??

Hi gemgem

Yes. If you signed after April 2008 there is NO valid reason why you cannot be discharged. If they argue this, please let me know on what grounds.

As I said earlier, your discharge is not conditional on theirs or visa versa.

Mark

Ok thanks Mark, I have cut out the middleman and have emailed Ken patullo direct hoping that this will resolve the issue. I will keep you informed.

I sent the email last wednesday and my trustee replyed straight away saying he would look into it and revert back to me asap. I have not had any other communications since, how long should i leave it before considering following up the email.

Hi gemgem.

It's hard to say really. You may need to follow your gut-instinct in terms of what amount of time is reasonable for a response and how hard you wish to push the matter.

I decided to email just for an update and have had a reply that it has been looked into and sorted and letters to us and the accountant in bankruptcy should have gone out today to confirm our discharge, Thank you so much for all the help and support from you all. I can smile at long last.

Hi gemgem

Fantastic news.

I'm just really disappointed that they need heavily reminded to wake up to the obvious. It's a bad day when you need to clarify an IP's job for him. That said, well done. Bet there was a wee feeling of victory.

Always glad to help

Regards

Mark

Congratulations to you gemgem. It's excellent news that everything has been sorted out and I'm glad to hear that your insolvency practitioner has been responsive to your concern about the delay.

As per my reply to imcville earlier, it would be wonderful if you were able to share your experience of completing a trust deed with others here in the forum from time to time in the future.