I have recently entered into a Trust deed and it now has protected status although i believe i dont begin payments to the trust deed until they have managed to remove the DEO (deduction of earnings) from my wages?
it seems to be taking a long time and in this time the CMS have increased my monthly payments to ยฃ476 from ยฃ332 a month, i simply cannot pay them this and once again the CMS will ruin me, is there anyway to speed up this process?
Welcome to the trust deed forum KevD.
These really seem like questions to put directly to your trustee. I'm afraid we don't have any insight into when your trustee expects your first payment or what steps they've taken regarding the direct deduction of payments from your salary.
Do you dispute the CMS calculation? Have you told your trustee about this increase?
Hi KevD. Unfortunately my experience of dealing with the Child Maintenance Service is pretty negative. They can be very difficult to speak to and it can be a fairly arduous task to get them to quickly remove DEOs and stop collecting arrears. Hopefully your trustee is on top of it, but it isn't surprising to me that it is taking longer than you might expect.
Thanks for the responses, they can be incredibly difficult to speak and seem to be deliberately frustrating. i dispute the calculations every month but they just seem to pick a random number the next month to charge me. the last contact i had from the trustee they informed me they were having difficulty with the CMS and were looking to put in a complaint, i will inform them of the new amount they are taking,
appreciate the quick reply thank you folks!
I agree KevD
I would urge your trustee to try resolve this as quickly as possible. Unlike other arrestment's, the trustee is unable to request a refund of payments made post protection.
From my own experience, there are ways to speed this up - your employer will have received a letter from CMS with a specific Pin or reference on the letter. Also, they normally get confused with English and Scottish insolvencies as the legislation is quite different.
Good luck
Thanks for the reply Paul.
I'm still awaiting a response from my trustee, not sure if I can name the firm dealing with it on the forum but they are Scottish.
Should I request this PIN/Reference number from my employer and pass it onto my trustee?
Cheers!
Edit : Paul, you said that this kind of arrestment my trustee cannon request payments be refunded post protection, could you elaborate? I wasn't aware they could request payments be refunded at all.
Morning KevD
Apologies for the delay - I was on annual leave.
Once a Trust Deed is protected then any existing arrestment's cease to have effect. If for example, a local authority continued to take payments from your employer then the trustee can write to the local authority and insist payments are returned either you the individual or the Trustee. However, with CSA payments if they continue to deduct payments then the Trustee cannot insist on a refund of payments taken post protection for a debt included in the trust deed. Therefore there is a need to really push for the arrestment to stop.
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No worries Paul, thanks for the reply,
I think if they can get the arrestment removed at all it will be such a relief I possibly wouldn't care about getting the money back, the amount they are taking is crippling.
You mentioned my employer should have a PIN or reference number from the CMS, should I request it from them and pass it to my trustee?
Cheers!