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ShezMcQ
Just Joined

2 Posts

Posted - 30 July 2018 :  16:03:41  Show Profile  Reply with Quote
Hi there,

This is my first post on this forum and hope I can make myself understood as we seem to have rather an odd problem...

My hubby and I had a TD with Varden Nuttal, signed June 2013 and discharged July 2016. The trouble is, around this time, VN went into administration and I think our records have been somewhat messed around since then.

We are continually getting letters from creditors (the usual statements etc) but to our knowledge, these should all have been closed off by VN within a few months of our discharge date. When we contacted the last one, they said that they had never received any funds from VN, our debt was still showing as live etc.

Whenever we have contacted VN about this in the past (took us an age to actually get our letter), they've brushed this off saying its normal, we have all we need in our discharge letter etc. however we are beginning to worry that this is not the case.

I've checked the ROI and we both do show as discharged but the date for the trustee discharge is blank. What does this mean? If ultimately, VN do not pay any of our debtors, will this have a detrimental effect on our credit going forward and what is the best way for us to go about fixing this--if indeed it needs to be fixed?

I'm sorry for rambling and asking so many questions at once but we're in our final year in the credit wilderness now and were hoping to get all our ducks in a row ready for moving house next year.

TIA

TDA (Debt Adviser)
Trust Deed Expert



12644 Posts

Posted - 30 July 2018 :  16:14:11  Show Profile  Reply with Quote
Welcome to the forum ShezMcQ.

This firm is in administration and, ironically, is therefore being operated by insolvency practitioners.

From what you've said, you've been discharged but your trustee has not.

The important event here for you is your discharge. It makes no difference whether your trustee continues to work on your case and/or if your creditors have been paid. You've been discharged.

You should contact your creditors with confirmation of your discharge date and require them to update your credit file and stop contacting you. If they don't, you should submit formal complaints to them.

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ShezMcQ
Just Joined

2 Posts

Posted - 30 July 2018 :  18:32:41  Show Profile  Reply with Quote
Hi there,

Thanks so much for the reply. That does put my mind at rest somewhat.

When you say we should write to our creditors, do we write to the companies themselves or do we need to find out which debt collection company has the debt and contact them instead?

TIA (again)
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Sharon Toal
Trust Deed Expert



295 Posts

Posted - 31 July 2018 :  08:16:13  Show Profile  Reply with Quote

ShezMcQ

Creditors are unfortunately not the best in updating records.

I would recommend contacting the original creditor and also the debt collection agency.

I know it can be stressful receiving letters but eventually they will stop.

Your trustee also should be sending out correspondence to your creditors requesting that they should no longer be pursuing you for payment and for all correspondence to be sent to the trustee firm.

Hope this helps.


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pingpong
Advanced Contributor

124 Posts

Posted - 02 August 2018 :  11:28:40  Show Profile  Reply with Quote
Send your creditors your Form 5 and advise them to make a claim to Harrison Business Recovery and Insolvency Limited who and the administrators for VN.

They must also update your credit files accordingly (any default dates should match the date you signed your PTD and accounts should be marked as settled or partially settled or completely removed if they are more that 6 years old even if they have not been paid. That is not your responsibility any more that was transferred by you to the trustee with the agreement of your creditors when you signed the PTD.

If they fail to do this you can make a complaint to the ICO to have the data fixed and FOS to have to complain about the way they have handled your accounts. The original creditor is still responsible for any of your personal data even it they have sold on the debt

Edited by - pingpong on 02 August 2018 11:32:49
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