Hoping you can help, I entered my trust deed earlier this year and it’s quite frankly ruining my life. I wish I had gone bankrupt.
I want to move in with my partner who has been gifted a sum of money in inheritance but in order to do so wants me to sign a cohabitation order which I have no issue doing however the solicitor has advised him my mail should goto my mum and dads address but is that not committing fraud or is this legal ?
Welcome to the forum Haz.
We cannot really advise you whether an act constitutes fraud or not. That's a legal question and we're insolvency and/or debt advisers.
My question would really be whether this request is based upon a misunderstanding of how credit records actually work? Do you think the solicitor is trying to protect their client's credit rating in some way by making this request? If so, they're rather missing the point.
I'm sorry to hear that you're unhappy about having chosen a trust deed. In what ways do you believe that bankruptcy would have been a better choice?
I can't understand what difference it makes having your mail going to a different address, Haz. You are either living with your partner or not and where your mail goes is neither here nor there.
As Trust Deed Assistant says, maybe the solicitor doesn't understand how credit files work and is being over-cautious.
Thank you for the replies,
Basically my boyfriend has just bought the property and is awaiting his credit score recovering to go invest a further amount into buying a second property on a buy to let mortgages. His solicitor advised if my mail goes there I am hindering that process as there’s a black mark on general credit searches if that’s my address of residence? Is this the case?
Hi Haz,
To the best of my knowledge this is entirely incorrect, though it's a very common myth that does the rounds.
Credit files are individual matters, irrespective of address.
Where there's a potential issue is when two people have joint financial accounts. This could be a joint bank account, or a joint mortgage for example. A link is created between their credit files.
This link doesn't affect someone's credit score, but if a lender spots that an applicant has a financially linked associate with a very poor credit rating, that might obviously affect a lenders willingness to advance money.
To my mind, the solicitor should be advising you both not to get a joint bank account or any other joint financial accounts that will report to the credit reference agencies. That might be sensible advice in the circumstances.