Hello ianr100 and welcome to the trust deed forum.

It sounds as though your Trustee didn't have a problem being notified about this debt after the trust deed started?

Any company can sell a debt, even if you are in a trust deed. It makes no difference to you though because the debt still is covered by the trust deed.

You should ask your trust deed company to contact the debt purchaser. You should also provide the debt purchaser with the details of your Trustee.

Hopefully that should mark the end of any problems that this has caused you.

Thanks for your reply but a bit of confusion here. My PTD was cast in stone and this situation arose, so basically it wasn't included in my debts. However when i became aware of this, i contacted the trustee who wrote to the company to come onboard but they did not respond. What i'm trying to ascertain is; is it legal for a company to sell the debt on whilst knowing that i was in a trust deed and also, will i be liable?
I will forward all correspondence to the trustee when it arrives because basically i'm at the threatening phone call stage but i can handle that.

Yes they can sell the debt on, but it still comes under your PTD so no need to worry.... Unfortunately it sometimes takes a while for info re PTD to filter to creditors.....

Many thanks but this was over three years ago that the original debt purchaser was informed and did nothing about it. It's not that they didn't know about it, they were written to twice but failed to respond. I'm not worriued about the debt, it's just is it too late now for them to come onboard or will the debt be written off due to their negligence or incompetence.

Hi ianr100.

All of your unsecured debts on the date you sign a trust deed should be (and are) included in your trust deed. The fact that it has be sold on to a new company makes no difference.

So long as your Trustee isn't unhappy about the late notification about the debt you have nothing to worry about. The debt purchaser cannot take any legal debt recovery measures.

They'll get a share of any payments divided up amongst your creditors at the end of the trust deed provided that they get their claim in. If they don't they'll get nothing and still cannot do anything to you.

Thanks for your replies, kinda helps a bit, will deal with the paperwork when it comes through.

Hypothetically, if you had genuinely forgotten to include a creditor at the start of a TD when you give account numbers and balances etc, could they persue you post discharge for the debt?

Normally they cannot, tinsoldier, all debts and obligations pre-trust deed are discharged. That is the whole point of the Edinburgh Gazette notice, so that any creditors who the trustee is not aware of will hopefully see the notice and get in touch.

The only way the creditor could possibly still chase would be if they applied to a sheriff and successfully argued that they have been unfairly prejudiced. I believe this is an extrememly rare occurrence.

Cheers Kevin.