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Scottish Trust Deed Forum
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Topic starter
21/02/2016 9:42 pm
I have had my Trust Deed for 6 months now and in the last 6 weeks there has been a few issues.
1. They said I could have the years council tax included 2015-2016. I then received a letter from the council demanding £496 for 2015-2016. I thought this was a mistake so I phoned the council. They said that they only claimed for council tax up to the signing date (which was at that time 5 months previous). I phoned my Trustee, Campbell Wallace Fraser and they said,' although adding the full years council tax is the usual thing to do sometimes an individual council may have a different policy and can only claim up to the signing date. I said,' then why didn't you tell me this when it happened? You said I didn't have to pay anything until the new council tax year! Now Im stuck with another debt of £496'.
They then said not to worry, phone back the council and offer to pay the normal monthly amount plus £20 and they should accept that. They did accept it however my Trustee has only put down £75 per month towards council tax but my actual amount is £90, plus the extra £20 means Im paying £110 a month.
2. I found that they have ignored my income and expenditure that we discussed before I signed the tr
trust deed. They're £35 short for Council Tax, £33 short for my rent.
3. Everytime I phone or email them their attitude seems to be, you agreed to pay £170 a month over 4 years and thats what Ive to pay. I said but because of your mistakes Ive got £68 less per month on a tight budget as it is.
I've lodged a complaint with their complaint procedure and was told 3 weeks ago that the Insolvency Practice Manager would contact me about my monthly payments but so far no response and they would respond to my emails and when I phone I get someone who says they cant help and I will get a phone call from someone who can the next day, which I never do.
So what can I do? Can I have my Trust Deed moved to another company?
They're not getting any money this month as the stress of this has caused me to be off work for 3 weeks (don't get paid while off sick only ssp), Im type 1 diabetic.
Very worried.
Neil
Thanks in advance for any help or advice.
22/02/2016 10:00 am
Hi gbmraith94 and welcome to the forum,
Sorry to hear that you are experiences difficulties with your Trust Deed.
Unfortunately you are tied to your Trustee and cannot change to another company. The best thing to do is to try and find a way of working things out with your Trustee.
I would sit down and look at your budget and complete a very thorough and realistic income and expenditure. After you have done this it will show you what you can afford to pay per month and you should then provide this to your Trustee to review with your comments on the difference between the one they completed and your one. If you can still afford to pay the £170 per month great but if not you will need to reach an agreement with your Trustee in what is acceptable. A payment which is too low could mean that your Trust Deed could not continue.
Missing a payment on your Trust Deed isn't ideal and can lead to further problems but if you are off work sick and not receiving full pay then you cannot be expected to make your payments. Your best to speak with your Trustee about this.
If you are not having any success speaking with a senior member of the team you could always ask for a meeting in their office to discuss your concerns in person.
Ultimately if your Trustee fails to respond to your complaint then you can consider a formal complaint to their authorising body. I would always encourage someone to try and find a resolution between them and their Trustee but if you are not having any success something this can be the only option left.
Please let us know how you get on.
David is not currently posting in the Trust-Deed.co.uk forum
Topic starter
22/02/2016 10:15 pm
Thanks for the reply, unfortunately I live in Fife and my Trustee is in Stockport so meeting in their office is not going to be possible. Ive emailed them again and also let them know about my absence from work and asking what proof I need to supply them as my employer already has my sign off from the Doctor. Ive also included a income and expenditure in the email (but we've done that before and they put other values in). According to a letter I received from them about the complaint procedure it could take up to 3 months.
Thanks again.
23/02/2016 9:15 am
Hi Gbmraith94,
Ah ok I see. A meeting wouldn't be practical then.
Best to keep on at them to try and resolve the issue. You are doing all of the correct things in relation to emailing them, providing them with details that you are off work sick at the moment and including an income and expenditure for them to review.
Let us know when they come back to you and we can assist you further if required.
David is not currently posting in the Trust-Deed.co.uk forum
Topic starter
17/06/2016 3:39 pm
Just to let you know that on June 2nd I finally got to speak to the Insolvency practice Manager at CWF to which he agreed to recalculate my income & expenditure and lower my monthly payments. Its taken from January 29th 2016 to June 2nd 2016 to get to this point which included getting my local Citizen Advice and the Financial Ombudsman Service involved. Still unimpressed with Campbell Wallace Fraser.
Thanks for the advice.
Neil
