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Discharging a Trust Deed

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(@tracyb)
New Member
Joined: 3 years ago
Posts: 4
Topic starter  

I made my final payment in November 21. I have sent my I&E every year and never heard from the trustee. I had to contact them about what happens after final payment. The trustee is now saying they didn't get the reviews but never told me. I have just been hit with a final figure of over ยฃ4kIi have to pay. What are my options? I have been constantly chasing the trustee and he keeps missing deadlines for a review


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

Hi TracyB. How could they not have received the reviews that you sent back?

I don't think it is acceptable for them to suddenly hit you with a bill for this amount if you provided all of the information you asked for throughout your Trust Deed. I would certainly dispute this and if they will not back down then consider making a complaint to the Trustee's professional body. Hopefully the threat of doing that may be enough for them to see things differently.

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


   
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(@tracyb)
New Member
Joined: 3 years ago
Posts: 4
Topic starter  

I never missed a payment and when I queried the amount, I was told to approach the AiB and they would be harder than him. I am being penalised because my employer agreed a pay and contract reform that increased my income by 13% over 3 years. I am afraid to challenge anymore as apparently the AiB will want any money over the agreed amount initially agreed and won't give me time to pay


   
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(@tracyb)
New Member
Joined: 3 years ago
Posts: 4
Topic starter  

After a final discussion today, I am left with no options. If I complain apparently the AiB will be tougher on me than they were. No allowance for supporting family during Covid and serious health issues. Unexpected funeral costs not considered. Basically don't pay, this will never go away


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

I don't agree that what you are being told here. The issue isn't really whether you should have paid more than you did, it is whether you complied fully with what you were asked to do in terms of returning your review forms etc. If you did, which seems to be the case from what you are saying, then your Trustee has no grounds to withhold your discharge after you have made the 48 payments. If it is their fault that they did not seek increased contributions earlier then that is absolutely on them, not on you.

Do you have any evidence that you sent the review information back when asked? Have they given any explanation as to why they might not have received it?

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


   
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(@tracyb)
New Member
Joined: 3 years ago
Posts: 4
Topic starter  

It was stamped address envelopes and due to Covid, I didn't got the post office. I had to email in November after final payment and then chased in February about final review. I felt really pressured and almost blackmailed. All I was told was they got other clients reviews but as my payments were on time, never missed, there was no need to chase.


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

Also, if your last payment was in November 2021, why has it taken them until now to look at tying things up? They are meant to discharge you from the Trust deed (or refuse to discharge you if they contend that you haven't complied with your obligations) as soon as reasonably practicable after you have made your payments.

It's up to you what you choose to do, but it seems that there are major failings in how your Trustee has administered your Trust Deed. It would be helpful if you had some evidence that you had returned the review forms, but even so, a strongly worded letter of complaint to them setting out their failings and all of the stuff they are not taking account of, and suggesting you may decide to escalate the complaint to the Trustee's professional body (who this is would normally be stated on the bottom of any correspondence they send you), may be enough for them to climb down and agree to discharge you.

It's nonsense to say the AIB would make you pay more, by the way. They don't set your contribution level, your Trustee does. The AIB wouldn't even be involved.

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


   
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