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WHEN DOES A PROTECTED TRUST DEED REALLY END?

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(@charlie1958)
Trusted Member
Joined: 14 years ago
Posts: 81
Topic starter  

I know the issue of how long it takes to complete the PTD process pops up in this forum but a chance discussion with a depressed work colleague revealed that she is awaiting her discharge from a PTD during which time she has been offered redundancy from our company. She tells me her last payment was in October 2011 when the 3 years were up, all previous payments were made in time, there is no equity, and her IP simply tells her to be patient until his work has been completed before he can discharge her. She fears ÔÇô rightly or not ÔÇô that if she is not discharged before redundancy discussions are concluded, her IP will seek to recover any payment negotiated with our firm.

I tried to make the usual soothing/sure it will all work out fine noises (I shared that I had been down the PTD route too) but wonder if there is anything she can do to progress this state of affairs?


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

Hi Charlie1958

Assuming all contributions are paid and there are no assets to deal with, I see no reason why 4 - 5 weeks is not reasonable.

If there is the ppi thing to deal with, then there is no reason why the individuals discharge is still 4-5 weeks.

Mark

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


   
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(@charlie1958)
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Joined: 14 years ago
Posts: 81
Topic starter  

Mark - thanks for the quick and ever helpful response. I think she had hoped this would be resolved in weeks not months from her last payment - I did raise the PPI issue with her but she said that it had never come up in exchanges with her IP since the end of last year. It would be so wrong for that to get thrown in the mix now but as this great forum illustrates, anything is possible in the PTD world!


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

Hi Charlie1958.

We've discussed this here before, but I do think that there are a minority of protected trust deed providers that just don't understand how important discharge is to their clients.

The only other explanation, where someone has completed their obligations to their trust deed but then wait months and months for discharge, is that the firm simply don't care.

Thankfully the majority of trust deed firms treat their clients that have completed their obligations with significantly more respect.

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


   
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(@charlie1958)
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Joined: 14 years ago
Posts: 81
Topic starter  

TDA - it is the contrast in help and speedy service that I enjoyed from my IP that causes me to sympathise with those who thought they had got through the worst but are kept in a state of limbo. Maybe the recent AiB consultation will bring some consistency to the issue.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
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Having read through the recently released AIB consultation I don't think we're going to be short of things to talk about here in the coming months Charlie1958!

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


   
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(@charlie1958)
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Joined: 14 years ago
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Topic starter  

TDA - Oh good! I can never see this Forum drying up of topics to explore!


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

Our discharge took no time at all,final payment early January,discharged before the end of january. I really do pity people who certain firms keep their claws in,hoping for a windfall(as I can see no other reason to delay things if all payments are made and no other issues are involved).

Charlie get your friend to contact their firm to ask which regulatory body they are governed by. That question alone should raise enough eyebrows and maybe get things moving along.

Paul

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


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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I don't think it's that they're hoping for a windfall Paul.

I think it's just low down on their list of priorities. Of course it's quite the opposite for many of their clients (who have paid substantial fees for a professional service to be delivered).

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


   
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(@charlie1958)
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Joined: 14 years ago
Posts: 81
Topic starter  

plasticdraft/TDA - it's a local firm of accountants who are handling her PTD and as our company has been in the news recently about shedding jobs, I can't discount her IP hanging about to see if redundacy terms come her way - given the attitude of some IPs reflected on this forum, anything is possible. I've told her to get in touch with a Partner of the CAs and probe further into the delay. Unless the IP can rake in additional fees from a windfall, albeit several months after her obligations under the PTD have been met, I see no benefit in him acting in this way.


   
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(@uncleben)
Trusted Member
Joined: 14 years ago
Posts: 91
 

TDA once again tells it like it is.

I agree with Plasticdaft Paul, tell your colleague to contact them for an explanation on why it's taking so long and an estimate of a discharge date in writing. If they are not immediately upfront with this information then it's perfectly reasonable for her to intimate dissatisfaction and ask for a copy of their policy regarding discharge and also details of their complaints procedure.


   
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(@charlie1958)
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Joined: 14 years ago
Posts: 81
Topic starter  

All - sound advice which I have shared with my colleague. I've asked her to let me know of the firm's response.


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

quote:


Originally posted by Trust Deed Assistant

I don't think it's that they're hoping for a windfall Paul.

I think it's just low down on their list of priorities. Of course it's quite the opposite for many of their clients (who have paid substantial fees for a professional service to be delivered).


But after a final payment is made,no more funds will come from an open case unless ppi claims etc,are outstanding,but even then I understood that a trustee can discharge the client and remain in office to clear things up so there is no benefit whatsoever in delaying closure?

Better to clear old cases out of the way,no?

Paul

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


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

Of course Paul, I think it's poor practice and unfair to clients not to discharge them promptly once they've done everything they said that they would do.

We agree on that, but we don't necessarily have the same opinion as to the motive behind such a delay.

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


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

I just cannot get my head around why you would sit on a case for several months rather than just get it closed!! Tidy desk and all that!

Paul

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


   
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