Hi lizmil.

Well... it doesn't really matter as it has no consequences for you (sorry!).

Lots of people do ask this though, so it's obviously something that many forum visitors consider to be important.

There's no single answer I'm afraid. Your trustee needs to finish their work, tasks that they'll schedule according to their priorities and resources. In some instances they might be held back by slow responses by creditors.

So hypothetically .... in 18 months time my trustee still hasn't been discharged. .. I win the euro millions. ....... the trustee has a stake on this windfall because they have not yet been discharged ????

I know this is a very hypothetical statement, but the truth is that would effect me!!!
and the sane could be said for any windfall or inheritance ??

As far as I'm aware you'd keep it lizmil.

The exception would be an asset your trustee had remained in office to deal with specifically (like PPI - which would have been your asset before discharge).

So hypothetically .... in 18 months time my trustee still hasn't been discharged. .. I win the euro millions. ....... the trustee has a stake on this windfall because they have not yet been discharged ????

I know this is a very hypothetical statement, but the truth is that would effect me!!!
and the sane could be said for any windfall or inheritance ??

Hi Lizmil, I think TDA means any asset that existed prior to receiving your form 5. Anything you receive after that time is yours[:)]

That's right - now that you have your discharge, lizmil, then any new windfall that comes your way is yours to keep. The trustee can only deal with assets that existed prior to your discharge (such as the potential to claim a PPI refund).

Thanks for your responses.
My main query was really about why no one can give any indication as to when then trustee will be discharged. As I said I do understand that theres a process to go through and paperwork to be done. But I dont understand why there is not a time scale for this to be completed. I have spoken to the trustee and have been told that because my trust deed was paid off early that they wouldn't be in any rush to be discharged and reminded me that it makes no difference to me as I have been discharged. The point is it does make a difference because I want a complete end to my trust deed experience and an end to having to speak to very abrupt and arrogant staff who answer the phones when I call with a query.

I have since today spoken to a very pleasant and helpful man at AIB who was in agreement with me that this should be delt with in a timely manner and that I was not being unreasonable to ask for a timescale for the trustee's discharge. I have been advised to put my query in writing to the AIB and they will pursue an answer on my behalf.

Hi lizmil.

I guess there is someone that can give an indication, that person being your trustee and his/her staff. Why they're choosing not to when it's important to you seems odd. However, they are correct that other than your preference for them to be discharged it really makes no other difference to you when they do it.

I think most people reading would agree with you and the person at the AIB that there seems to be little reason not to just get on with it. It's the same amount of work whether they do it in a fortnight or in six months time.

Please don't stress on it too much though because their failure to discharge themselves should have no practical implications for you at all.

Thanks for your responses.
My main query was really about why no one can give any indication as to when then trustee will be discharged. As I said I do understand that theres a process to go through and paperwork to be done. But I dont understand why there is not a time scale for this to be completed. I have spoken to the trustee and have been told that because my trust deed was paid off early that they wouldn't be in any rush to be discharged and reminded me that it makes no difference to me as I have been discharged. The point is it does make a difference because I want a complete end to my trust deed experience and an end to having to speak to very abrupt and arrogant staff who answer the phones when I call with a query.

I have since today spoken to a very pleasant and helpful man at AIB who was in agreement with me that this should be delt with in a timely manner and that I was not being unreasonable to ask for a timescale for the trustee's discharge. I have been advised to put my query in writing to the AIB and they will pursue an answer on my behalf.

A search of the Register of Insolvencies indicates you received your discharge on 28 November 2013. Is that correct? Bearing in mind the festive period it may just be taking your trustee slightly longer to get matters progressed and such a timescale does not seem unreasonable.

I also believe there are delays at the AiB's end for that vey reason also.

It is worrying that you are being spoken to by abrupt and arrogant staff.

I understand your Trustee's firm is one of the firms recommended by this site so Mark should hopefully be able to answer your question in full.

The position has been discussed several times with 2 members of staff and the position clearly outlined on each occasion. I was present in the office on the last 2 calls, so I'm unsure where the abrupt statement comes from. As clearly stated, remaining in office has no bearing on your position. It does not prevent the sale of your home which you initially alleged.

In summary there are matters which will not allow me to close the trust deed at this stage pending further investigation. Once concluded, the case will be forwarded for closure.

Hopefully this clarifies matters.

Mark

I disagree Mark, as I feel I have been spoken to abruptly, and the position has not been clearly outlined! I asked simply for an idea of the time scale for discharge and was told that as my trust deed was paid off early that there would be no rush for trustees discharge and I find that to be unacceptable. I was never told that there are matters requiring further investigation which will not allow closure at this time, nor have I been advised as to what these matters requiring further investigation are. I clearly understand that I have been discharged and that in terms of my financial responsibility your discharge makes no difference. However I still have a right to know when this will be likely to happen and from a psychological point it matters to me. Further more I was advised by my mortgage provider that I should not sell my property until full discharge was completed.

I am sorry you feel this way, however I will not discuss specific matters further on the forum.

You have called the office several times and been given the same answer on each occasion. Your posts and duplicate posts have provided the same answer and my previous post fully explains the position re the closure and, irrespective of your mortgage providers comments who I assume do not work in insolvency. clarifies the position with the property.

You have been discharged from the trust deed early and I now require to conclude the administration of the case to allow us to seek our discharge. The timing is not under my control as unfortunately I am dealing with 3rd parties and have no control over their response time and on this basis I cannot provide a date when this will be closed.

Mark

Hi.

I think we've all probably been involved in conversations where the two parties have a very different perception of the tone of the conversation. We see it here sometimes when someone tries to help someone but the other reads their comments in a way that's upsetting or frustrating to them.

Lizmil - I'm not sure that the comments of the mortgage lender stand up to scrutiny. I'm sure your trustee would provide you with something in writing to say they have no further interest in your home if you were to sell it. It's great that you've been discharged early; we've read many threads here from people with trustees that have refused to do this at all unless the debts are fully repaid. I'm sure that you'll understand that where third party responses are required it's simply not possible to say how long that will take as its outside of the control of your trustee. You've completed your obligations and by discharging you your trustee has met theirs to you. Hopefully the third parties involved (I'm guessing they're your ex-creditors) will respond quickly so that your trustee can seek their own discharge as well - it's not generally anything that any trustee would seek to delay as there is no benefit to them from doing so.