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Scottish Trust Deed Forum
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Topic starter
10/08/2010 7:12 pm
Hi
I entered into a PTD in January 2006. It finished three years later. I have just now received a demand from a creditor from 2002 that I did not recall at the time of the PTD and they were not listed. Am I liable for that debt? Circa ?ú600 only but I thought it would have been cleared.
10/08/2010 9:04 pm
Hi Bongos2003
I would have thought if the debt wasnt included in the PTD then they cant come back now for payment - is the 5 week period in the Gazete not for undeclared creditors to come forward to put in a claim?
10/08/2010 10:30 pm
Hi both
yes the creditor will be included in the Trust Deed. The onus is on the creditor to check the gazette.
That aside, there's a thing called prescription where a creditor can't pursue if there been no admission of the debt verbal or writing and they've not been to court in the last 5 years.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Topic starter
11/08/2010 6:52 pm
Thank you Mark.
What should I do to get this matter to go away as this debt, orignally with DFS sofa;s , once I advise them of the PTD is then sold to another company who send a letter and the process just keeps going on and on.
Is there any way to stop the debt?
11/08/2010 7:04 pm
Hello bongos2003,
I would suggest that you write to them with:
1 - Your full name and address (at the time of the Trust Deed).
2 - The name and address of your Trustee.
3 - A request that they visit the Edinburgh Gazette website to confirm that you have been through the Protected Trust Deed process, or that they confirm this with your Trustee.
4 - Confirmation that you will not correspond with them any further.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
