I know this is not on trust deeds but I did e mail an advisor and they told me to post and see if anyone can help.
My husband and I were declared bankrupt (in scotland) in December 2011 and KPMG in Glasgow are handling our case. We moved to Australia in January 2012 as I was offered a job (midwife) with accomodation and my husband did not need to work (He has chronic depression and is unable to work).
We agreed a budget with KMPMG in January 2012 and were to pay back £100 a month from my salary. They accepted that the Australian dollar is very strong just now and the exchange rate was not a measure of the purchasing power of my salary. They agreed that a conversion factor would be $2.2 to the pound (most expat forums say between 2.5 and 3 but we accepted 2.2). We signed and sent of all the documentation they required.
Our circumstances changed: My pay went up by $250 per fortnight but so did our expenses (our medical expenses are huge). We wrote to KPMG about this but got no reply. We telephoned a few times to see if they got our documents but got a machine and left messages. No one replied. In summer 2012 we got a new status report to complete and we did this and sent of all required documents (payslips etc). Again we heard nothing.
In January 2013 we got another status report to complete which we did and sent back with pyslips etc. Our circumstances had changed dramatically in October; my husband was diagnosed with a serious eye condition and our health bills went up. Further, his mother died and we are paying his brother £75 a month as our share of the funeral. This was all detailed on the status report. Again we heard nothing. We phoned and left messages but,again, no one got back to us.
In February we each got a letter from them saying we had not returned our status report from january 2012 (they were both posted air mail and in seperate envelopes and it had taken them 13 months to tell us this). We completed what they gave us and sent it back.
Last week we got an e mail from them saying my salary had gone up by over $1800 a month and our payments were to go up by £719 per month. My pay has gone up by $500 a month but our expenses have gone up by more than this, as they were informed twice in writing.
They ignored the agreed conversion rate of $2.2 to the pound. They wrongly used two different exchange rates in the letter at different stages in their calculations. One was $1.27 to the pound. The dollar is at an all time high against the pound but the best rate you can get is $1.57 and thus their exchange rate is 25% out. They ignored the fact that the exchange rate does not represent in any way the buying power of my salary and their calculations have me earning the equivalent of £75000 in the UK (I am a midwife) which is crazy. Australia is the 3rd most expensive country in the world and official figures show it is 30% more expensive than the UK. They have not taken this into consideration. By their logic if the dollar strenghthens further my salary will have gone up even though my pay has stayed the same.
We have e mailed them twice about this in the last week but have had no reply. We were suppose to be automatically discharged from bankruptcy in December but have learnt from the registar that we have not been. They have not told us this or why we were not discharged.
Their letter stated if we do not pay their new figure we will be considered in arrears but have no money to do so. My husband cannot cope with the pressure of this and is about to be readmitted to hospital as a result (I have told them this by e mail but still get no reply). I would be very grateful for any help anyone may be able to offer.
Hi oneaway
Did you sign an IPA ( Income Payment Agreement)form with KPMG?
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Checked the register of insolvencies yesterday and both myself and husband are listed as bankrupt (should both have been discharged in December). Did sign an IPA last year for £100 a month but last week they said we now had to pay over £800 a month (based purely on a crazy exchange rate and they have ignored the exchange rate of $2.2 we agreed with them last January. We simply don't have any money left at end of the month and their letter said if we don't pay we will be treated as in arrears.
Hello oneaway.
You may need to sit tight until you receive a reply to the concerns that you have expressed.
Hopefully the concerns will be resolved. However, if they aren't you'll be able to escalate to using the firm's own complaints process which will hopefully result in someone senior taking a fresh view on the circumstances as you have described them.
I can appreciate that sitting tight must be very worrying and frustrating right now. However, it's reasonable that they have a little time to look into the matter and get back to you.
Hi oneaway
I think TDA is correct.
Is there any reason they delayed the discharge as you appear to have moved after the 12 month discharge period and any deferment would require to be done at least 3 months before the 1st anniversary.
As Trustee, they have limited options if you are in Australia. The Trustee would need to apply for the equivalent of an IPO and employ Australian Agents to do this. I'm not sure how successful or practical this would be.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Thanks guys. It is stressful but I will give them more time/try and chase them up regularly.