Trust Deed Forum
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What happened: My wife joined me from abroad, and I urgently needed to buy basic household essentials to set up our accommodation. I requested an advance on my wages from my employer, which is being repaid at £25 per week directly through payroll deduction.
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How I covered it: To ensure my regular income was not affected and my PTD contribution was never at risk, I took on 2 to 3 extra working hours every week specifically to pay back the £25 weekly deduction.
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The mistake: At the time, I genuinely thought taking an advance on my own earned pay was permissible without checking first. I didn't view it as taking out commercial credit. I have now realized that taking any form of advance/credit without prior Trustee approval is technically a breach of standard PTD terms.
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How severe is this in practice? Is an employer wage advance (covered by extra hours) likely to be treated as a minor technical issue, or does it carry a serious risk of defaulting the PTD?
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How do Trustees usually handle this? Will they usually just issue a written reminder about credit rules, or will they take formal action?
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What is the best way to present this? Should I attach the employment loan addendum and payslips right away in my first email, or just state what happened first?
Hi Housi,
You should definitely disclose this to your Trustee as soon as possible. There is a material change to your financial circumstances.
Had you spoken with the Trustee in advance, I imagine this would have all been agreed as OK. The difficulty that dealing with it post-fact brings is that your Trustee technically cannot permit you to repay post-TD debt from your disposable income. So the increase in income from the increased hours could be insisted upon by the Trustee as additional contribution.
You should also make them aware that there is now a second adult living in the property, as this may impact the household's financial position.
To answer your questions:
1. The severity will depend on the overall picture and how it impacts your finances. It may result in a change in contribution. The Trustee is unlikely to fail the Trust Deed if you are able to maintain the required the TD commitments (including any increase in contribution).
2. I expect they will write to you regarding your obligations. They may also want to conduct a review of your financial position.
3. Contact them as soon as possible to explain the situation and provide all requested documentation.
