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Scottish Trust Deed Forum
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Topic starter
09/12/2013 8:48 pm
Hi ! I and my husband currently under Trust Deeds.Currently we lost case against my husband's customer and we must pay £4800 to this person.We try to agree any repayment plan-but the person didn't agree anything-he said that he spoke with Bailiff already and he will take all money straight away.So my question is -if we under Trust Deed and all our asset are under Trust Deed ,can Bailiff pick up all our aestt from our house -or in prioriy we must first repay our Trust Deed ?
09/12/2013 8:53 pm
I take it the case was pending before the trust deeds? I would talk to your trustee and see what they advise.
Paul
Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.
09/12/2013 9:24 pm
Welcome to the forum magda70.
Was the case lost after your trust deeds were signed?
Was the event that led to the case before your trust deeds were signed?
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
09/12/2013 9:26 pm
Bailiff? In Scotland? Can you apply for a time to pay order? Your IP might suggest sequestration, in this case your lovley customer might not get anything.
Is TDA suggesting if there was a contract inplace before the TD then it could be included? This happened to my wife and it was included in her case even with a decree given
10/12/2013 9:15 am
Hi pingpong.
I'm not 100% sure on this, but hopefully if magda70 can confirm the answers to the two questions I've asked it will provide sufficient detail for Mark/Kevin/David/Michael to advise in a little more detail.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
10/12/2013 9:39 am
It's difficult to answer without full details, however firstly we don't have bailiffs in Scotland. Any assets at the time of the trust deed would vest in the trustee, so would be unable to be 'uplifted'
I think its unlikely the debt would be included as a contingent debt, but it depends on circumstances though. Generally I'm surprised the action went ahead with the trust deed in place.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
