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Scottish Trust Deed Forum
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Topic starter
10/06/2014 9:18 pm
Hi all. I've just joined, and this is my first post- hopefully you can help set my mind at ease.
My trust deed has been protected since mid-January, but one of my creditors has consistently claimed ignorance and continued sending demands, and calling basically non-stop.
I've a number of times informed the company administrating the TD, and they have sounded helpful, asked for mail to be forwarded etc, and that they would contact the creditor. They've told me not to worry, and that nothing can happen. I've also informed the creditor a number of times over the phone when they have called.
Today, however, I received a letter informing me that the account has been passed onto a DCA. Now I know that I shouldn't be concerned, but I can't help worrying that something isn't right here. I'll get in touch with the TD company in the morning, but I honestly wonder if this is ever going to stop?
5 months the TD has been protected (7 months since everything was initiated!)- is there genuinely anyway this creditor really hasn't been informed of the TD? Is there some kind of complaint procedure I can initiate, or is it the trustees decision to make a complaint?
In the shorter term too- can this DCA actually do anything? Should I give them a phone, set out my stall and tell them not to contact me? And what if they actually turn up at my door- what can happen, and what should I do/say?
I'd appreciate any advice from anyone who has experienced similar- for all the reassurances that the Trust Deed has me covered, I am a worrier and this is causing me stress!
10/06/2014 10:04 pm
Welcome to the forum TheShadow.
This must be annoying and frustrating, but it's nothing to worry about.
Inform the debt collection agency about your trust deed and give them your trustee's details. If they then continue to contact you make a formal complaint to them.
It's pretty unlikely anyone will come to your door and even if they did they'll have no powers whatsoever.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
11/06/2014 8:52 am
Hi TheShadow and welcome,
This isn't something that you should worry about as they can't take any legal action against you and even if someone did turn up at your door there is nothing they can do. Best thing to do is get onto your Trustee and request paperwork to be emailed, faxed and posted to the Debt Collection Agency.
In an ideal world when your Trustee has sent creditors notification of the Trust Deed this should stop all of the creditors contacting you but unfortunately this doesn't tend to happen. You will probably receive the odd letter or phone call from a creditor or debt collection agency throughout the period of your Trust Deed.
The majority of the time most of the creditors will update their system and you won't hear from them again. Some creditors can be persistent, perhaps not update their system correctly, it could be different departments within an organisation contacting you and not communicating with each other that you are in a Trust Deed.
It can be frustrating but as I said it's nothing that you need to worry about. Your Trustee should take care of this for you.
David is not currently posting in the Trust-Deed.co.uk forum
11/06/2014 11:14 am
Hi Theshadow
Creditors can be a pain, although in my experience 98% are fine.
Fortunately we have an office in Ireland who deal solely with collecting and agreeing claims which certainly makes life easier. I think they get to know who to speak to if there are any issues, which helps them avoid the dreaded call centre world!
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
11/06/2014 12:16 pm
I'm almost at the end of my TD and still get the occasional flurry of contact from a particular company. Don't let it bother you and pass it all along - that's what you are paying your trustee a handsome sum to sort out.
Glad that's over with....
11/06/2014 1:14 pm
Good point upstream. One of the duties of the Trustee is to deal with creditors and if it's one who persists, then the Trustee should be even more persistent.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Topic starter
11/06/2014 8:59 pm
Thanks everyone who replied- that's definitely helped put my mind at ease!
12/06/2014 8:52 am
No problem TheShadow, glad we could put your mind at ease.
David is not currently posting in the Trust-Deed.co.uk forum
15/06/2014 11:18 am
I spoke with Mercer's who are a DCA and they were pretty helpful and put the calls on hold for a month while they contacted my TD Provider. ('Pip' Gill)
Later on I changed my phone number but I wasn't really getting any calls by then.
15/06/2014 11:23 am
In my experience creditors and debt collectors are not too bad once they have all the info, however there are aways exceptions unfortunately.
As mentioned previously, this is for the trustee to deal with and it easier to hassle them than get involved with creditors.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
