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Changes to trust deed from Invocas

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(@starrysky)
Eminent Member
Joined: 14 years ago
Posts: 24
Topic starter  

Hi, im just looking for some advice regarding my trust deed with invocas. I started payments in May 2010 and was told that my payments would be for 36 months therefore i was looking forward to only having a few months of payments left. However, today i received an annual statement from Invocas stating that my final payment date would be in NOVEMBER 2013. I just checked through my paperwork and i have a 'statement of monthly income and expenditure' stating i would be paying 36 months, a 'proposed scheme of division' saying 36 months and an 'estimated statement of affairs' saying i would be paying 36 months. These were all signed when i started the trust deed and Invocas should have copies of these. However, a copy of the letter sent out to my creditors when i started the TD states that it would be a for a minimum of 36 months.

Can Invocas just change the finishing date like this or do my signed documents protect me in any way? Im quite stressed about all of this so any advice would be greatly appreciated [:(]


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 17 years ago
Posts: 4798
 

Hi starrysky

No they can't. The agreement at the start is what you need to adhere to. They are unable to extend this without reasonable excuse.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@starrysky)
Eminent Member
Joined: 14 years ago
Posts: 24
Topic starter  

Thanks Mark. I was hoping this was the case. I sent an email to the email address they provided me with as i would prefer to get anything they say in writing from now on. If they tell me they can extend this (which i fear they might...) what should i do?


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 17 years ago
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Hi starrysky

If they try to extend it, please let me know exactly what they say.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

I doubt that they will starrysky.

I think the "minimum" probably applies if something changes or goes wrong.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@starrysky)
Eminent Member
Joined: 14 years ago
Posts: 24
Topic starter  

Hi TDA, thanks for replying. Im sorry im a bit confused about your last statement. Are you saying that TDs are usually more than 36 months and only shorter under exceptional circumstances? Or does the fact that i signed documents stating i was agreeing to pay for 36 months mean that they shouldnt be able to change the terms?


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 17 years ago
Posts: 4798
 

Hi starrsky

The standard Trust Deed document states 36 months. It can normally be extended, at the start with your approval, if the figures dont quite reach the total to get it protected. It may also be extended if you have missed payments. It cannot be extended however at the will of the Trustee.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@starrysky)
Eminent Member
Joined: 14 years ago
Posts: 24
Topic starter  

Thanks for getting back to me about this. I had a response from Invocas and they have apologised saying they were mistaken and that i do only have 10 months left. Thank goodness...dont think i slept a bit last night! Thank you both for your advice on this, i really appreciate it and this forum is a god send sometimes! [:)]


   
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Mark McFadyen
(@mark-mcfadyen)
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Hi starrysky

No problem at all. My pleasure

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@starrysky)
Eminent Member
Joined: 14 years ago
Posts: 24
Topic starter  

Just a little update from another email from Invocas. They have replied again since their last email saying:

"The estimated completion date on the annual statement you received is extended beyond the actual expected completion date by six months or so to take into account the time it takes for the closure process to be completed, this is done purely to avoid giving debtor's a false impression of when they might be discharged from their Trust Deed.

As I confirmed earlier, if contributions remain on track then the actual contribution end date will be 1 May 2013."

Seems a bit strange to me. Is this normal practice? I guess as long as i dont have to pay anything additional then that is all i care about!


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi starrysky

I think 6 months is perhaps a wee bit too long to close the case, but as you say, not having to pay additional contributions may be the main thing.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

Does seem a long time - lets hope they are just covering themselves and actually manage to do it much more quickly!

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@lorrainek)
Trusted Member
Joined: 14 years ago
Posts: 72
 

Hi Starrysky,

We have had a similar letter from Invocas(with yet another trustee, lost count of how many changes we have had). It is refreshing to you you got it sorted I will be emailing them again tomorrow. But alos very glad to be getting to the end, it will be good to be debt free but it has felt like a 3 years jail sentence. Last week after the glitch with the banks and my husband not being paid. we had 0.96 left in our account, horrible to be in that position. I know it is all our own doing to be in this mess but we are nearly there.[:)]


   
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(@gillian)
Reputable Member
Joined: 15 years ago
Posts: 355
 

My last payment to Invocas was January, discharge and form 5 was February and I got a letter at the end of June saying that my trustee was completing everything. They aren't the quickest. They also took at bit of telling on the PPI issue. Hopefully everything goes smoothly - I'm sure it will.

Nothing left to discharge - everything's done and dusted!


   
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Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Glad it all worked out .

Shona is not currently posting in the Trust-Deed.co.uk forum.


   
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