Well said diamond chap...ive got 5 more payments to my td and ive found it very hard as i have a young family to look after and have abs no spare income at all to treat them...i earn a liveable wage but have prob been on poverty spectrum with these trust deed paymemts im making and have been making on time every month for the past 31 months...now i live in fear of losing the roof over my familys head due to being transfared to this mob...let down is not how i would describe it..more like sold on...like something that doesnt matter...just another client to exploit...abs sickened by this industry...

I don't think thats going to happen to be honest. I asked a hypothetical yes or no question last week on this thread and it wasn't answered.

We all got great help on here in the past when looking to set up trust deeds and doing reviews etc. The forum has been brilliant and the experts a great help. Thats what makes this all the more disappointing.

Tda you have also done a great job in the past as well.

I am guessing (correct me if I am wrong) that you all feel uncomfortable commenting on the this? Perhaps because of the company involved in setting up the initial tds? if so then thats fine but just be honest and tell us that to save us asking for help.

You guys answer extremely complicated issues every day. This really isn't complicated....... is it legal, ethical, whatever, in your opinions to change the conditions of the trust deed from what was agreed at the start.

That is all we are asking for. Is this allowed yes or no. And if yes do we have anything we can do about it or are we trapped to whatever they say.

And also im not being cheeky here but please don't say its already been answered by previous answers as it really hasn't.

Thanks and again I apologise if sound cheeky or whatever.

Scrappy318.

Why would I suspend your membership for disagreeing with me or anyone else? It happens here most days!

Write what you want provided that:
1: you accept responsibility for it.
2: you're respectful to other people.

You're not being asked to do anything different to any other member.

Your choice. Everyone else manages.

Stevie yes I agree we have had no answers to anything just generic responses to an issue that is so important to so many forum members...no response from the original company we set up with and no legal rules barring their input into this discussion, to me that doesn't bode well for the clients they've sold off to this company, ...note .. the AIB have advised me that this company can instil their own rules and carry out future valuations but have advised me to inform them if they do make changes to my original agreement with Phillip Gill as any such changes are unusual and if they are made then we must immediately contact the AIB who will then contact CF to request details of why they have changed our original agreement!!!!..bottom line here is we must keep in contact with the AIB through this whole process and highlight any wrong doing that may occur...I would urge all forum members to contact the AIB for clarity on what this company can and can not do...we will all be stronger together if we contact them:)

Hi steve1984 and Diamond Chap.

I've given the best answers that I've got to the questions that have been asked. I believe that David and Kevin have as well. If they have fallen short of your expectations then I'm sorry about that. I've simply nothing more to add.

Your new trustee will make the decisions that they consider to be appropriate. Nothing that any of us say will change that.

If you consider the outcome to be unfair or unreasonable then you'll have recourse to your trustee's complaints process, their regulatory body, the AIB and the law. Also I'll try to help, as we always do here, in an informative and practical way.

I'd be writing exactly the same whatever firm was involved. People can question that if they want, but this matter simply isn't about your former trustee.

Do I think that what you and your creditors agreed at the start should be changed? Of course not.

Do I respect that your new trustee needs to follow a process and make their decision on how to appropriately take things forward as he becomes familiar with case circumstances? Yes.

If I were in your shoes would I consider this uncertainty to be unfair, stressful and upsetting? 100%.

So from that I will answer my original question last week and you can come back in if you think I have misinterpreted your answer. ....

Q - despite my original agreement of no final valuation and no interest in equity, can this new company value my property and in thoery after 3 years of mortgage payments find I have 10 grand of equity and now demand I pay them that? As such I either lose my house or extend this by a year hence another year of torture and another year of monthly fixing an old banger car costing more than its worth etc etc etc

A- YES

Hi steve1984.

My answer is exactly how I wrote it.

See my answer also to the "can they" question in response to Knight.

AIB says yes to that question Steve1984...but have stressed to me that it would be unusual...especially if all of a sudden there were an upsurge in complaints regarding this same issue with the same company from clients....so please everyone keep the AIB informed of any changes to your original agreement with PG&co....if enough people contact them it will highlight any irregularities in this whole process and bring any wrong doing to right...

David was kind enough to respond and indicated he would wait and see how this would play out before commenting on any specific matter.
There is some more detail now so David's input would be welcome.

Kevin, I don't think, has commented at all.
Let's not pretend that any questions have been usefully answered.
They haven't. I am not arguing, just stating a fact.

PJG gave the impression that they had carefully chosen CF because they shared the same values, despite, as someone on another post indicated, there being some negativity about them.
Whilst Mark may not feel comfortable commenting on this, there is probably no legality barring him. But that is his choice.

Regardless of what happens here, even if CF agree to honour the original TD terms, this is not fun !

Extract from the new 2nd September revision of trust deeds Scotland ie new rules Scottish government 2013:-

Discharge
Certain conditions must be met for a debtor to be discharged of debts and obligations under the PTD. They must have complied with all obligations under the deed and co-operated with the administration of the trust.

Refusal to sell a dwellinghouse or family home is not treated as failure to meet a debtor's obligations.

The Discharge is recorded in the ROI and effective from that date.

Refusal of a discharge may be appealed to the sheriff. Student loans cannot be discharged under a trust deed.

As far as it looks to me on this government site....if you comply with your trust deed agreement then you can not be forced to sell your house...as this is NOT classed as a failure to meet your obligations as a debtor...so I will stick to my agreement and pay my TD as usual every month until my 36 months are up and I won't pay another penny to it....we all need to stick together on this and I stress again, please contact the AIB if you feel your being unfairly treated by your new trustee, if we don't stand together here then there is a possibility that this could turn out not good for those of us who have originally signed up with PG.... ps a 2 month consultation must take place between 2 trustees when they exchange clients with certain business restrictions that must be adhered to as per govt rules, now I would highlight this to anyone who took out a trust deed with PG between June and September of this year to check that they were informed of any possible changes to they're agreements...I won't say any more other than to do a bit of research and speak to the AIB as they have been very informative and helpfull in advising what standards they expect from trustees.

I think we just need to sit and wait to see what happens. We have been down this speculation road before.
As a summary it looks like creditfix can impose their rules on us, but this is unusual and they will need a good reason. Like Scrappy points out any changes lets get straight onto the AIB and start complaining.

Instead of constantly asking the expert members on here the same question I suggest we go down the next stage route, what can we do about the changes they are going to make. As I predicted before and was told rubbish this is all to do with the equity, it's no coincidence that everyone's trust deed is about to finish, I still could be wrong but looking unlikely.

So we have to start asking relevant questions.

Ok here are my list, now I KNOW the experts on this forum know the answer to these and any non answer is a conscious decision on their behalf to not answer.

Ok so let's say credit fix come back with an increased valuation and demand the extra payment.

1) If we get independent valuations can they still insist on using their own valuation?
2) If we disagree with the valuation and the insist on paying what is the next step?
3) after the last payment are they under any, pressure from the creditors to close the case ASAP and more importantly by holding the case up do we delay their payment.
4)If we do not agree with the valuation and make our last payment and pay the agreed equity that was agreed with PJG, the ball is in their court. What procedure will they have to follow to proceeded to release the house equity.

Thanks for any advice.

We are not all near the end...I have 2 years to run on mine...

That is interesting scrappy, we should look into what business restrictions were put into place during the transition period. Those rules you quote are the new TD rules we need to find the old rules.

Been doing a bit of digging around scrappys information. If your house is jointly owned or a family home they cannot force you to sell, they have to go to court. I'm sure no judge would look favourable on the whole unregulated shambles that allowed this transfer.

Hi Sold down the river.

"Ok here are my list, now I KNOW the experts on this forum know the answer to these and any non answer is a conscious decision on their behalf to not answer".

You're telling me (and others) what our thought process is? On a forum where you've paid nothing to get advice from professionals? At the weekend when any time we spend posting on here is time we're not spending with our families?

I may choose to answer when I'm in the office again on Monday.