Hi Amerififer

I just wanted to jump in here and say that whatever these people do or say makes no difference. Your TD is protected so there's nothing they can do.

So the issue here is getting them to stop harassing you, not the fear that they can actually do anything.

Who regulated these people? The FSA? The information commissioner? Maybe the experts can tell us?

Cheers,

DebtFreeWannabee

I was also thinking - if it's enshrined in law that creditors cannot pursue you while in a protected TD, what is your recourse in law if that happens? In other words, which law are they breaking?

Armed with that knowledge, you could get a solicitor friend to send them a strongly worded letter pointing out their legal obligations.

These guys had their chance to challenge it. It failed so now they must abide by the law and there should be an established way of ensuring that happens.

Experts?

Cheers,

DebtFreeWannabee

Hi both.

Debt collectors have to have consumer credit licences issued by the Office of Fair Trading. The OFT issue guidelines to them about what is and what is not acceptable.

In terms of Albion, given that your Trustee has been in touch, I'd suggest that they may have stepped over the line. You might want to write to them with a formal letter of complaint explaining the events to this point, why their calls are pointless, and the problems that it is causing for you. Hopefully someone sensible there will then intervene to stop the pointless contact that is frustrating you and wasting their time and money. They have to deal with formal complaints properly as part of the guidance issued to them.

Capital One is a different matter. For them to default the debt (which pretty much all creditors will do before or during a trust deed) they must write to you. It's obviously a standard letter that goes to all their customers who are being issued with default notices, and it's therefore right that they point out the possibility of legal action etc so that their customer understands the position that they are in. You have to remember that for every person who has made the difficult decision to deal with their debts (with a trust deed, DAS,debt management plan etc) there will be several more that haven't taken any formal steps to deal with the debt leaving the creditor with little option other than to start becoming heavy-handed. You're protected from any of these consequences so there is nothing to worry about whatsoever.

Unfortunately it take a while for most of your creditors to get updated regarding your Trust Deed..... I was getting calls and letters well after my Trust Deed became protected, I passed letters onto my Trustee with calls I politely told them of my situation then passed them my Trustees details. I never get into any discussion with them apart from telling them am in a PTD and offering my Trustees details.......

It's nothing to worry about it's just that it takes a while for them to update there files...... As long us your protected don't worry.....

To answer DFW's question about the legal status, the legislation (Bankruptcy Scotland Act 1985 principally) states that once a trust deed is protected then creditors are not able to enforce repayment of a debt (ie through court proceedings). In practice this means that there is no point in them sending out letters etc though they are not specifically barred from doing so.

As trust deed assistant says, it is really the regulatory guidelines on debt collection that comes into play here and whether the creditor is abiding by them.