WILL IT EVER BE OVE...
 
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WILL IT EVER BE OVER?

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

Hi TDA

The process is to submit Form 5 to the debtor and a copy is also sent to the AIB. This is in terms of the PTD Regulations. These also state -

(4) On receiving the copy of the letter referred to in paragraph (3)(b), the Accountant must forthwith record the debtor's discharge in the register of insolvencies and the date of registration will be the date of discharge.

I find it very unusual that an IP firm would have an issue with this and even more unusual that the AIB would advise that this is not recorded which contravenes the legislation.

Mark

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


   
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(@wikikee)
Estimable Member
Joined: 15 years ago
Posts: 172
Topic starter  

Should I have be in possession of a copy of the PTD regulations?


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

You should be able to check here;

http://www.legislation.gov.uk/ssi/2008/143/contents/made

Hopefully it's ok to post the link. If not you can google Protected Trust Deed Regulations 2008

Mark

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


   
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(@wikikee)
Estimable Member
Joined: 15 years ago
Posts: 172
Topic starter  

Would the date I signed make any difference - signed March 2008 but became protected April 2008


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

Hi WIKIKEE.

My understanding is that the date of signing is relevant rather than the date of protection.

Assuming that's the case I don't think your trustee could formally discharge you until the matter of investigating PPI claims was completed.

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


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

Hi WIKIKEE

Yes, the date of signing would make a difference as there is a different process. That said, I think the fact that they are chasing creditors claims four and a half yeas after signing is not acceptable. I also fail to see why they have held onto funds for a year and it has taken this time to process a closure which is still not complete.

Mark

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


   
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