I am now in a protected trust deed and the IP is helpful.
They are currently looking into something for me with some legislation dept and I was just hoping to get a bit of advice in the meantime?
I was in making payments to my council tax arrears for past years and was paying my council tax bill for the current year as it was due and on time as advised by IP. When i signed the trust deed i stopped making payments to scott and co that was dealing with the arrears and continued to pay my current CT.
Now the council have said that any money i paid between signing and TD becoming protected belongs to them and they have applied the money to my old account, now leaving the current one behind in payments. My first question is, can they do this? and secondly, if scott and co are now clear, obviously they shouldnt be on my creditor list and would my payments change to IP as i now have to increase payments to council tax for this year or i am going to go back into debt.
As mentioned the IP is trying to find legislation on this from a governing body, just wanted to find out more, or have i been mis advised and what can i do?
Hi teejenny.
This sounds quite complicated, I can see why your trust deed firm are taking some time and making some effort to come to the right answer.
You cannot pay more to your trust deed than you can afford, so if your council tax increases (due to arrears that have built up since your trust deed started) I'd imagine your monthly payment would have to reduce.
Hi teejenny
Claims are calculated at the date of signing not on the 5 week protection period. Any sums paid in that period should be returned to you. I assume there wasnt an arrestment in place?
I see no reason for changing your contribution as this is something you Trustee should sort out immediately. Also Scott and co should not be listed on cred list as they are not the creditor,its the council.
If it was my office we'd be on the phone to them the rest of the day till they sorted
it. Tell them to mentionsection 11of the protected trust deed regulation which states, on protection, they have no higher right to collect their debt than any other creditor. That usually works.
As for passinging it to their "legislation department" Really? I wonder what that department does all day.
Mark
Note to self. If unsure of an answer, advise client I will run it through our legislation department.
Mark is not posting regularly in the Trust-deed.co.uk forum.
Finally resolved ! Coouncil were wrong to try and keep the money in my circumstances but it turns out they are allowed to use payments in any way they wish should my TD have not become protected. They have kindly returned (after many legal threats from my IP) my money to the correct account and sent me a pretty letter telling me my balance is now zero. Think I will keep this for the next 20 years though just to be sure !!
Also after a bit of confirmation. Again ! Feeling happy as Ive just landed a new job - yay me - and my fuel expenses are dropping slightly. Are these just allowances or are they classed as actual costs. I guess Im asking can I keep the saving ? Also my salary will increase by £1000 pa but my tax credits are dropping and my rent is going up so should all roughly equate. I assume I just let them know in my next I&E or is it better to tell them now?
Hi teejenny.
I'm really pleased to hear that this situation with your council tax is resolved. It sounds like your trust deed firm have worked hard on that for you.
Fuel really should be based upon your actual spend, as of course should your rent. With changes to your income as well, I'd suggest making your trust deed firm aware of all of these changes now. Otherwise the danger is that you should have been paying more (and therefore you have "arrears" to catch up) or you should have been paying less and you've been struggling to get by.
Congratulations on the new job.
I called the IP this afternoon, and my six month review is almost due anyway, so when the final figures are in I can send it back and they've said its fine to waiit a couple of weeks if need be. She seems to think my in and outs should be ok and if I have a wee bit extra (£40-50 a month) then I can keep it and if my income is lower it can simply be added on to the term as long as Im not dropping my payments too much. Feeling so happy that Ive done this TD now and dont actually mind too much that ive still got 30 months left !