Hi weebill

Unfortunately the trustee will be entitled to look and seek a portion of this and unfortunately ( again) the portion could be high.

Mark

Thats some amount of back pay!

Paul

thanks,mark,should i seek legal advice.

You could, weebill, but I doubt you'd get a different answer to what Mark has given you already.

How much were your partners debts when she entered the Trust deed?

Hi weebill

I don't think this would have any effect on things as the there is a statutory right for the trustee to seek payment. The only option is to try and negotiate something reasonable.

Mark

Not sure that legal advice wouldnt be a waste of time if your trustee is entitled to take a portion of the backpay for the benefit of creditors.

pity they couldn't hold off paying out for a while!

Paul

hanks,kevin and mark,my partners debts were £13000 pounds,to which she has payed back £4500 to the £6000 pounds asked for.one of these debts was ajoint debt of £10000.does this make any differance.we dont want to be dishonest,but after all it was because of short pay we struggled in the first place.

Bill working off rough figures here but if £13,000 owed, would assume about £4,000 for the Trustee's fees to administer the Trust Deed. (Obviously they can't work for free so need to be paid). Means a total of £17,000 owed. She has paid back £4,500 equals £2,500 so there may be a small surplus she can keep of £2,500.

None of this includes interest of course. The creditors would be entitled to add interest to the initial £13,000 owed. I think the current rate awarded in Scotland is 8% per year.

It might just be it works out as a break even. I know this isn't what you have been waiting to hear but at least it means you are released earlier with a clean slate. I presume this was a (long running) equal pay dispute?

Hi weebill.

I hesitate to respond after last time, but the £6,000 "asked for" isn't necessarily relevant here.

You mention that you struggled because of the short pay, a very fair point and it's a shame that you were put in this position.

Presumably the implication of that though is that this extra money, had it been paid, would have been used to repay those that you had borrowed from rather than entering into a trust deed.

If that's the case, why would you object to repaying them now if you're in a position to?

Can I ask the position with the joint £10k loan. Do you know if payments are being maintained for this by the other party?

Mark

Hi Mark.

From previous threads I understand that the £10,000 loan is joint between weebill and his partner and that they're both currently in trust deeds.

Weebill had asked a question previously to confirm that his partner's receipt of back-pay wouldn't result in him having to pay over more money to his trust deed.

Thanks TDA

I suppose a lot depends on how much is paid from the back payment and also the extend of weebill's debts if the payment plus sums received to date are sufficient to pay the debts in full and therfore wipe out the liability of the joint debt. I think that made sense!

Mark