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Dealing with creditors while waiting for protectio

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(@mcbz9)
Active Member
Joined: 16 years ago
Posts: 16
Topic starter  

Hi - new to the forum, and would appreciate some advice.
After many years where I didn't deal with my debt situation, I recnetly decided to take out a trust deed. It was a big relief to finally take action, and the advice I have received from the IP frim has been very good. My notice appeared in the Gazette on the 10th November, so less than 3 weeks to go before finding out if it becomes protected.

I am now in default to my creditors for missed payments, since signed the trust deed, I am now getting letters, and phone calls from creditors/collection agencies. (I was advised not to make any further payments after signing the trust deed). What is the advice to deal with the calls? To be honest, I have not been answering the calls on my mobile, and have passed the letters on to the IP firm. Should I be answering the calls? If not are there consequences of not responding?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hello mcbz9 and welcome to the Trust Deed forum.

Passing the letters to your Trustee is the correct thing to do.

With regard to calls it's really up to you. You could answer, explain that you have signed a Trust Deed and confirm that you will not be making any payments. You could point the caller to the Edinburgh Gazette website (and/or your Trustee) if they wanted to verify this situation.

Alternatively you could choose not to answer the calls as your Trustee will have written to all of the creditors you informed him or her of.

As you are so close to your Trust Deed becoming a Protected Trust Deed I wouldn't worry too much about the consequences of not making direct debt repayments. If you do receive any legal threats please inform your Trustee immediately.

Fingers crossed for you that your Trust Deed becomes protected in a couple of weeks time.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

I feel it is usually best to answer the calls, otherwise they will certainly just keep trying. At least if you speak to them and tell them that you have signed a trust deed and direct them to your trustee then they might not feel the need to call you again.

Having said that, they are entitled to contact you and I believe many creditors do continue to do so right up until the point where the trust deed becomes protected. There's sometimes not really much can be done about it until protection I'm afraid.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@mcbz9)
Active Member
Joined: 16 years ago
Posts: 16
Topic starter  

Thanks for the advice.

I returned a couple of the calls last night,(Barclaycard and Egg), and it wasn't too bad when I explained the situation. They still pressed for payment though. I felt they didn't understand what a trust deed actually was.

I doubt it will stop the calls though. My worry was that they would send debt collection agencies to the house, or start legal action while I am waiting for protection status.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi mcbz9,

Good to hear the calls went OK.

I think they've probably left it too late to take legal action even if they wanted to. If you do receive any legal paperwork contact your Trustee straight away.

If you're answering calls from your creditors I think the chances of visiting debt collectors arriving is virtually zero. They are typically used to trace people who are ignoring their creditors to confirm whether they are still at the address.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Trust deed assistant is right, the chances of collectors calling at your home is slim, and even of they do they are not allowed to enter your house/take anything away without having taken court action first.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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