Hi.
I entered into a trust deed about 1 year ago and I've been paying £170 monthly towards it since. I have just received a response from my last statement of affairs and it states that I have a £195 surplus.
I actually don't know how they've calculated that, closest I can get is taking my two very different salary payments, averaging them and deducting my stated outgoings. When I do that, I get a surplus of £192. It seems odd to round up to the nearest £5, doesn't it?
Anyway, the crux of the matter is that I did receive a one-off high wage after working nightshift for almost a whole month. Now they want £90 more every month and I simply can't afford that. I've been overdrawn the past two months and now they're wanting even more money.
They returned my bank statement with various items such as an £80 Christmas present circled with a question mark and EVERY G101 off-sales transaction circled. The G101 payments are almost all tobacco and cashback to pay for electricity. My tobacco is listed as an expenditure of £92 per month; 10 cigs a day.
I'm starting to think that I really don't understand how trust deeds work. Should I be listing Christmas presents as part of my monthly outgoings? Or am I not allowed to buy my wife Christmas and birthday gifts? I have no control over my erratic income, therefore I always try to keep some money in the bank as a buffer but it seems like any such efforts will be to my detriment since they'll just want more and more as they see money coming in. As I said, the last two months I've had unauthorised overdrafts so this month I stopped smoking, so if I take tobacco off my outgoings they'll want that money too?
I know this post is quite "ranty", sorry and thanks for reading. I'm getting quite stressed about it all.
I'm thinking I should withdraw everything except the minimum required to cover direct debits and standing orders each month. That way they wouldn't see for example: "G101 OFF SALES LTD | £51.22" when I buy £45 of electricity and 20 cigs. I get the impression with all the circling and question marks that they think I'm spending that money on booze.
Any advice would be appreciated. Should I write comments on the statements I send for example? Should I withdraw all my money each month? Thank you.
Welcome to the forum Untrustdeed.
Have a read of the following link, it may help you to understand better how income and expenditure is assessed for trust deeds:
https://www.trust-deed.co.uk/trust-deed-expenditure-guidelines.html
It's important to remember that the guidelines are based upon creditor expectations rather than being any crusade by insolvency professionals to make day-to-day living difficult.
It's unlikely that creditors would accept an allowance for Christmas presents. It's more likely that they'd expect for you to cut back on other types of expenditure (for which you have allowances) to buy presents. It's not for your trustee or your creditors to tell you whether or not you can buy Christmas presents (or anything else), you can spend the allowances that you have as you see fit within reasonable boundaries.
Thank you for the link.
With regards to the likes of Christmas presents and other "circled" items on my statement. I'm wondering why they circled them on the original, since I'm sure they'll take a copy for themselves. Could they ask me to justify these items or others like them in the future? If so, I think I'm better dealing in cash wherever possible.
So, I left the allowance for "social" blank since I feel unable to participate in costly social activities and I left "monthly" clothing cost blank because I only buy it when I need to, certainly not every month or even every 6 months! I should actually add some expenditure in there and "clothing" could have covered the Christmas present for example or "social" could have been the money I recently spent on car repairs.
Now I've been instructed to add £90 to my standing order but I can't afford it. What should I do?
I feel like cancelling the whole damned thing and letting my 7 creditors come for attachment of earnings orders. I'm sure a court order wouldn't allow them to just demand a 55% increase based on one month's salary.
Hi again.
You need to ensure that the budget is manageable by entering all of the reasonable costs that you're likely to have.
You're bound to need clothing or shoes from time to time. Think about how much you might spend in a year and divide it by 12.
It's normally fine to put down a modest amount for social activities, though this might be difficult if you agreed to the trust deed in the first instance without one.
Obviously I don't know why anything was circled, but you may be right in assuming that they've seen what they believe to be evidence that you have more spare cash than you actually do. It might be worth calling them to explain what you're purchasing on some of the circled entries.
In terms of your income, if you believe that the figure they're using is unrealistic (due to the month you were paid more than usual) and that this will not be the amount you earn on average over the next 12 months you need to put this case to them.
Thanks again.
At this point it does feel like they're on a crusade. I tried calling them but the person named on the letter is on holiday just now.
Perhaps they'll still be looking for £90 just for that single month, even if I get the situation resolved for future payments?
I already explained that my income is irregular but I stated my income as £100 above my basic salary to cover any larger payments. The problem is, if I don't get that overtime then I actually can't afford my normal outgoings. That's what they don't seem to understand, what they see as a surplus is money I'll need to feed us over the next 2-3 months perhaps since I'm declaring £100 extra income that I usually don't get.
So I can't afford to "stop smoking" if you know what I mean?
I suppose it sticks in my throat that someone's attention is drawn to £6.22 spend in a 101 off-sales but not the same amount for the same product Sainsbury's. Then further highlighting larger amounts spend in 101 off-sales, because that's where PayPoint is. None of my ASDA transactions are circled, even if I spend £100 there. If only ASDA or Sainsbury's had PayPoint, I'd look less suspicious.
I think you should speak to your trustee/case manager and explain about your variable income/use of paypoint etc. You may be surprised and find that they are happy to be reasonable and amend what they are looking for accordingly.
Even if you have told them these things before it is probably worth reiterating as they may have overlooked it and not borne the circumstances in mind when doing their calculations.
Hi Untrustdeed,
It's always best to correspond in writing with your Trustee/relationship manager but sometimes as Kevin said, picking up the phone and speaking with someone can definitely help clarify matters.
I see that the person who is dealing with this for you is on holiday. I would call back and ask to speak with someone else in the team. I handle and oversee my own cases, and it's the same with my colleagues but if someone is off on holiday or out of the office then we will cover and speak with any client who has a question.
I think once you explain your position things should be resolved easily and without the need for an increase in payments.
David is not currently posting in the Trust-Deed.co.uk forum
It does seem a bit authoritative of the TD copany to circle transactions with a question mark - that's what my primary school teacher used to to when she didn't comprehend something.
Perhaps a covering letter from the TD company or a telephone call would have been easier to digest.