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Family Debt

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(@weewillamena)
Active Member
Joined: 13 years ago
Posts: 10
Topic starter  

Hi there, I have recently signed a trust deed. No one advised me that I could include debt owed to family members, however reading online it appears you can?
Can someone clarify this? Also if this is the case can I call my trustee and get this included?


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

Hi weewillamena.

This may well be possible in certain circumstances.

Did you tell your trustee about this debt when initially seeking advice?

Is it for a large amount?

Which member(s) of your family is money owed to?

You may find the following page to be helpful:

https://www.trust-deed.co.uk/family-debts-and-money-owed-to-friends.html

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


   
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(@weewillamena)
Active Member
Joined: 13 years ago
Posts: 10
Topic starter  

Yes it is to my mum, it is a large amount of money, although my mum is in no rush for it as she understands my circumstances I would have thought I would be worth including to get my mum the money asap.
I did mention it on my first call that I owed my mum money so they increased my expenditure to cover this cost but did not mention it could be included.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

There is nothing to stop your Mum being included as a creditor as she will rank like anyone else.

The problem may be accepting the claim as there would be no formal agreement in place I assume before the loan was made and this may need to be looked on as a gift.

Incidently if a loan is made by an individuals spouse it is regarded as a postponed debt which means generally all other creditors would get paid before they would.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


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

How much are you paying to your mum each month? I'm surprised that your trustee is allowing you to pay her each month and prefer her over your other creditors to be honest.

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
 

would she not stand aside and wait until the TD is finished? If she had been included she would only get a portion of her money back(unless you were repaying 100p/ยฃ).

Paul

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


   
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