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Forgotten debt not included in trust deed.

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(@harryp)
New Member
Joined: 14 years ago
Posts: 2
Topic starter  

Hi everyone, only just found this site and I wish I had come across it a few years ago. Anyway I have been in a trust deed since may 2008 however, I have missed quite a few payments so I am still not finished. Recently I was contacted by a dca on behalf of british gas and they are claiming I owe over ยฃ400. I have looked at my credit file and it says the start date of this debt is july 2007 and the default is january 2009 but it wasn't included in my trust deed. My question is would this debt still be included in the trust deed even though it wasn't declared at the beginning.

Thanks


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

I think this debt should be easily incorporated into the trust deed,but you will have to contact your own firm ASAP with the details.

It may mean a slight extension so that creditors still get back what was agreed at the start.

Paul

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


   
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(@harryp)
New Member
Joined: 14 years ago
Posts: 2
Topic starter  

Thanks for the prompt reply Paul. I will contact my trustee this week though they don't seem to keep close track of things.

Cheers


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

Just let them know the details and see what they say. I am sure it will be fine as debts are often forgotten about at the start of the trust deed,it is after all a hectic time!!

Paul

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


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

Hi harryp

Yes, any debt which existed before the trust deed was signed is included.

I'm sure it will be fine.

Mark

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


   
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(@poorboy)
Trusted Member
Joined: 14 years ago
Posts: 51
 

Hi harryp

I have personal experience of this. It was an issue, my IP incorporated the additonal debt in the PTD. No issues.


   
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(@tinsoldier)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Isn't this partly why the advert goes into the Edinburgh Gazette?


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

That's right tinsoldier.

It gives creditors that were inadvertently left out of a trust deed the chance to make a claim.

A Trustee might take a different view if someone deliberately left out a creditor for some reason, but this is obviously a pretty rare event.

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


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

Hi tinsoldier

Yes, historically it was to allow all creditors the info in a central location, so they could check if they were a creditor or not.

Mark

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


   
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