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 Getting letters after 12 years
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Coblck
Contributor

9 Posts

Posted - 01 December 2020 :  10:08:26  Show Profile  Reply with Quote
Hi I've received a letter for max recovery asking for payment from a previous debt. My trust deed was complete in 2006. The company that dealt with my trust deed is no longer in business so I can't contact them for help. What is my next option.

TDA (Debt Adviser)
Trust Deed Expert



13606 Posts

Posted - 01 December 2020 :  11:35:54  Show Profile  Reply with Quote
Welcome to the trust deed forum Coblck.

The first thing to say is that you shouldn't panic about this situation. A debt that existed when your trust deed was signed is unenforceable, so there's really not much that they can do.

With this in mind you could choose to simply ignore them, though of course you may prefer that they stop getting in touch with you at all.

The Accountant in Bankruptcy should hold records about old trust deeds, so you may wish to contact them to see if they can provide you with written confirmation that you completed your trust deed and were subsequently discharged.

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Coblck
Contributor

9 Posts

Posted - 01 December 2020 :  12:29:36  Show Profile  Reply with Quote
Thanks so much for your reply, That's what I thought how do I contact The Accountant in Bankruptcy.
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TDA (Debt Adviser)
Trust Deed Expert



13606 Posts

Posted - 01 December 2020 :  12:35:53  Show Profile  Reply with Quote
Hi Coblck,

This link takes you to their enquiry form:

https://www.aib.gov.uk/aboutcontact-us/enquiry-form

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Coblck
Contributor

9 Posts

Posted - 01 December 2020 :  12:40:55  Show Profile  Reply with Quote
Thanks very much indeed, this has caused some old illness to flair up, i have found some letters from my old company but none of them list the creditors but do state my trust deed is protected. I have contacted the accountant in bankruptcy and will see if they can help.
I was always told not to contact these companies directly as well.

Once again thanks
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mickyboy.70
Contributor

9 Posts

Posted - 08 December 2020 :  16:19:35  Show Profile  Reply with Quote
Hi Cobick, my understanding from personal experience is that if there has been no correspondence from max recovery for the past 6 years (England) 5 years in Scotland, then the alleged debt has legally lapsed - Trust Deed or no Trust Deed - and there is nothing they can do about it. Google 'how long before a debt lapses. I had a similar issue and one letter outlining the law to the debt collector and that was that! Good luck.


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Coblck
Contributor

9 Posts

Posted - 08 December 2020 :  16:28:52  Show Profile  Reply with Quote
Hi thanks for your reply mickboy, this has caused alot of harm as ive now moved on and married with a kid and they sent a letter to my new address and my partner opened it causing a lot of problems. Max recovery have moved the debt to there solicitors who sent a letter to my new address asking for payment by Friday. What do i do? This is making me very unwell. Ive contacted Accountant in Bankruptcy and had nothing back at all.
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TDA (Debt Adviser)
Trust Deed Expert



13606 Posts

Posted - 08 December 2020 :  17:11:19  Show Profile  Reply with Quote
Hi Coblck.

I know you're very worried and that's understandable, but if that debt was covered by a completed trust deed you've nothing to be concerned about. No solicitor will be able to legally enforce the debt.

I'd suggest contacting the solicitors and making the situation regarding your trust deed very clear to them.

I'd also suggest informing the solicitors that, as a gesture of goodwill to Max Recovery, you've contacted the AIB requesting written evidence of the dates and completion of your trust deed. Let them know you'll forward this to them once you have received a response.

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

9 Posts

Posted - 08 December 2020 :  17:19:24  Show Profile  Reply with Quote
Thanks for the reply. I phoned today and told them I had a trust deed but they asked for evidence which I don't have. The debt was definitely covered as I only had the 3 debts. I have emailed accountants of bankruptcy but haven't heard anything as yet.
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Coblck
Contributor

9 Posts

Posted - 08 December 2020 :  17:26:10  Show Profile  Reply with Quote
Ive even managed to find the article in the Edinburgh gazette about the trust deed so i definitely know it s been complete
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TDA (Debt Adviser)
Trust Deed Expert



13606 Posts

Posted - 08 December 2020 :  17:34:35  Show Profile  Reply with Quote
Hi again Coblck.

Share the Edinburgh Gazette entry with Max Recovery and the solicitors.

Unfortunately if does not prove you completed your trust deed and were discharged from your debts. However, it does prove that you attempted to set-up a trust deed at that time and should therefore make your comments about having completed a trust deed at that time more plausible.

Tell them that you're waiting on a reply from the AIB and that you'll forward it once you have received it.

Most importantly, please try not to stress about this too much. They cannot legally enforce a debt that you've been discharged from after completing a protected trust deed.

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

9 Posts

Posted - 08 December 2020 :  17:59:48  Show Profile  Reply with Quote
I have found one letter from invocas in wonder if could share with you and see if that would be enough
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TDA (Debt Adviser)
Trust Deed Expert



13606 Posts

Posted - 08 December 2020 :  18:00:57  Show Profile  Reply with Quote
What does it say Coblck?

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Coblck
Contributor

9 Posts

Posted - 08 December 2020 :  18:04:33  Show Profile  Reply with Quote
In short

YOUR TRUST DEED
I write to advise you that your trust deed has now been registered as protected and accordingly I can confirm that your creditors are no longer able to carry out any diligence against you in respect of the debts of which you have previously advised me.
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TDA (Debt Adviser)
Trust Deed Expert



13606 Posts

Posted - 08 December 2020 :  19:53:25  Show Profile  Reply with Quote
Thatís handy. Send this to them as well.

The Edinburgh Gazette entry proves you tried to enter a trust deed (and was put there to alert any creditors that might have been unaware otherwise).

This letter proves your trust deed became protected.

The missing part of the jigsaw is evidence from the AIB or your trustee that you were discharged from the trust deed and from your debts.

Having said that, the information you already have might be enough to put them off continuing with any of this.

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

9 Posts

Posted - 08 December 2020 :  20:01:24  Show Profile  Reply with Quote
How long do aib usually take to reply to emails?
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