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DAS to Trust Deed

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(@lostsoul)
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Joined: 13 years ago
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Hi

I've been reading through a lot of the posts and found them really helpful

I am currently in a DAS with my (now) (ex) husband who was the cause of the majority of the debt but as he couldnt get credit I was putting things in my name.

He was self employed and as his earnings fluctuated greatly this created huge problems. I work full time and have for the last year been paying the full DAS amount as well as all the house hold bills. etc. My mother gave me some money (a loan) to assist till hopefully my ex got on his feet but suffice to say this has not worked.

I have looked at PTD and bankruptcy and I am aware I will lose everything but I cant afford to keep going.

Any advice, please??[:(]



   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 17 years ago
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Hello lostsoul and welcome.

I can fully understand that a joint DAS (debt arrangement scheme) would offer much potential for problems following separation.

It may be that a switch to an individual DAS would be possible. It may also be the case that a trust deed or bankruptcy has now become a more appropriate route to deal with your debts.

Changes of circumstances often lead to changes of direction. I do note that you are worried that you will "lose everything" though. Are you the owner of assets that would be threatened if you were to change route to a trust deed or bankruptcy?


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TDA (Debt Adviser)
(@tda-debt-adviser)
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How much do you think you car would be worth lostsoul?

When you say there are two mortgages, does this relate to a single property or to two properties?

Is the house (or houses) jointly owned?


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TDA (Debt Adviser)
(@tda-debt-adviser)
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And you don't think that there is any equity in either of the homes lostsoul? Are you fairly sure on that point?


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Kevin Mapstone
(@kevin-mapstone)
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Joined: 17 years ago
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Is the car on finance lostsoul? Despite it's high value their may be potential for hanging on to this, depending upon the circumstances.

Presumably you only need one house anyway, and I take it given you cannot afford to finish the one being built that this would be the one to give up. It would be very hard to justify paying a mortgage on a property that cannot even be let out as it is unfinished.

It is pretty impossible to give you any clear answeres over a forum like this, especially as your situation sounds fairly complex. You really need to go through your situation in detail with an expert. Hopefully your money adviser will be able to give you some good advice, but if you are seeking a second opinion then feel free to get in touch.


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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 17 years ago
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Hi lostsoul

Cars valued at less than £3000 aren't normally an issue in trust deeds or bankruptcy so long as there is a reasonable need for them.

Would you be prepared to trade your existing car for one of lower value and contribute the surplus funds towards the trust deed or bankruptcy?


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TDA (Debt Adviser)
(@tda-debt-adviser)
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Hi lostsoul.

I can understand your reluctance regards the car. Changing it might not be necessary in a trust deed, though the arrangement might have to last longer if there is a lot of equity in the car.

I guess it comes down to making an informed choice about the options available to you. Each will have advantages and drawbacks.


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(@candlewick)
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Joined: 14 years ago
Posts: 309
 

Argh! I just leant on my keyboard and lost my post (somehow!).

OK, quick version!

Try to see your money adviser as soon as possible. Don't wait for your annual review.

Check that you really are in a joint DAS. Go to the DAS Register on and put in your name then your ex's name. If you both have the same reference number, it's a joint DAS. Different numbers - you each have your own DAS.

If it's a joint DAS and you and your husband have separated, the DAS has to be revoked. More hassle, I know, but it could be an advantage for you.

It takes at least 4 weeks for a DAS to be revoked, from start to finish. You're protected from your creditors all that time. Then, because you were in a joint DAS which was revoked because you've split up, you get another six weeks of protection while you check out your options. Which might be an individual DAS, it might be something else. You don't have to make payments during this time.

If you're in an individual DAS it's not as clear cut, but you might be able to get a six month payment break. Six months of no payments, while protected from your creditors. Gives you breathing space to sort out your options.

"short version" is already too long! I'll stop now, but let us know whether your DAS is joint or individual.



   
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(@candlewick)
Reputable Member
Joined: 14 years ago
Posts: 309
 

Hi lostsoul

Yes, I'd call your adviser as soon as you can to let them know that, sadly, you have separated from your husband, so the DPP will have to be revoked.

Your adviser can let the DAS Administrator know, so that the process can get started.

Worst case scenario, you can write to the DAS administrator yourself to let them know, and ask for the DAS to be revoked.

Good luck with it all.



   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 17 years ago
Posts: 13594
 

Hi lostsoul.

They're different. The DAS Administrator is a formal civil service role that oversees how DAS works and keeps records about it. You only need to speak to your existing contact.

(Added 2020 - there's a link to the DAS Register at the bottom of the following page https://www.trust-deed.co.uk/searching-the-register-of-insolvencies.html).


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