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Debt to be included in Trust Deed

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(@nora1304)
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Joined: 14 years ago
Posts: 15
Topic starter  

Hi, I have been in a trustdeed since August 2011.
My question is as following, in April 2011 it was a court ruling (small claims court) that I had to pay ยฃ465 (repaid ยฃ75) back. When I had my one to one meeting I mentioned this but had no written details with me. I 'forgot' to include this debt in the STD (was embarresed and tried to get the money together to pay it back) However as espected I could not pay up and adviced this person who became very angry and emailed me that he would inform the Court that I did not pay and put it forward to a debt collector..... I will contact my trustee tommorrow but would like some advice....[:I]


   
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(@nora1304)
Active Member
Joined: 14 years ago
Posts: 15
Topic starter  

Forgot to say that this person was aware of my situation and me entering in to a STD but he was happy enough to keep his debt out and be paid seperate since he did not apply for repayment to my trustee....


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

Hi Nora1304.

From what I'm reading I suspect that this debt should have been included in the trust deed from day 1. Is that the impression you got when you mentioned it at the initial meeting?

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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

The person who took the court action has no legal right to pursue you for this debt and would have to make a claim in the protected trust deed instead (I must admit I prefer PTD to STD - wouldn't wish to be known as an expert on STDs!!). Once you have notified your trustee of the details they will contact them to request they do so.

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


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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To be clear... Kevin is referring to Scottish Trust Deeds!

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


   
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(@nora1304)
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Joined: 14 years ago
Posts: 15
Topic starter  

Thank you both for your answers! Kevin can I ask you what the difference is between Scottisch Trust Deed and Protected Trust Deed? You have to excuse me I live here for about 20 years now but are original from another EU country....[;)]


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
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Hi Nora1304.

There is no difference, trust deeds are known by a couple of different names including "Scottish trust deeds" and "protected trust deeds".

The word "protected" comes into play where creditors allow a trust deed to become protected (at the start of the process) - this is when the person in the trust deed becomes "protected" from legal actions by their creditors.

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


   
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(@nora1304)
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Joined: 14 years ago
Posts: 15
Topic starter  

Thank you for your answer, It was the sentence from Kevin that made me think there was a difference... (STD - wouldn't wish to be known as an expert on STDs!)


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
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Hi Nora1304.

Kevin was jokingly referring to something different that is often abbreviated to "STD". Sorry if that wasn't explained clearly.

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


   
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(@nora1304)
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Joined: 14 years ago
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Topic starter  

asked my daughter what it means and she is laughing her head off![:I]


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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I'm glad that we didn't have to spell it out!

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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

Sorry, caught out lowering the tone as usual. I've a feeling you might be pulling my leg, Nora1304, but if not then let's just say STD could stand for something that isn't purely a Scottish issue and leave it at that.

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


   
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(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

I thought this was a respectable place!!

Paul

ps that too was light hearted humour!!

Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


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

Thankfully this thread has stayed just within the bounds of respectability.

A close run thing though!

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


   
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