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Scottish Trust Deed Forum
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Topic starter
01/12/2012 9:17 pm
I have started the process of entering a trust deed recently, I am at the stage where my details have in the last 2 weeks been listed in the Edinburgh Gazette and my trustee has details of all of my creditors.
Can anybody explain what happens next??
Also, I have a personal loan with Tesco Personal Finance which they took me to court over non payment (sometime ago) and ended up getting a wage arrestment against me. I pleaded poverty with them about 8 months ago and the wage arrestment was lifted and I pay them £50 per month. I read somewhere that a company who have a wage arrestment are under no obligation to remove it once in force. Once my trust deed is up and running I can not afford to pay the £50.00 and my monthly trust deed payment. Neither can I afford not to pay the £50.00 if Tesco will just apply for a wage arrestment again due to non payment. What is my position here?
Also, regarding future council tax for the next 3 years, what happens if i do not pay this when I am in a trust deed?? Can the council pass my details to a sheriff officer who can then get a wage arrestment/freeze my bank account whilst i am in a trust deed??
02/12/2012 1:41 am
Hi Bingbong
With regards to the wage arrestment hopefully TDA or one of the experts can advise correctly.
Re: Council tax bills over the next 3 years - When you did your income and expenditure prior to signing the TD an allowance would be made for paying your council tax, if you choose not to pay, then they can come after you for it by whatever means they choose. ONLY debt that is outstanding at the point your trust deed is signed is included in the trust deed. Any new debt must be dealt with separately, but be aware that if don't pay your council tax with the monthly allowance given for it, run up a debt that they then try and enforce, no allowance will be given by your trustee to pay this back.
Hope that helps
Saabrina
02/12/2012 12:18 pm
Hi bingbong.
I think you need to check with your trustee whether the Tesco loan is covered by your trust deed. If it is you should not be paying them directly.
In terms of your trust deed being advertised, your creditors have five weeks to object to it becoming protected if they wish to. Your trustee should tell you the outcome.
You are responsible for paying your future council tax in exactly the same way everyone else is. If you don't the council has the full range of options to use.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
03/12/2012 10:08 am
The Tesco loan has to be included in the trust deed, bingbong - you cannot favour one creditor over the others.
You say the wage arrestment was lifted, so there shouldn't be any problem - though it might be worth continuing to pay the £50pm until your trust deed is protected, just to avoid any problems.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
