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.
Should I have be in possession of a copy of the PTD regulations?
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.
Would the date I signed make any difference - signed March 2008 but became protected April 2008
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.
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.