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Forgotton Debt

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(@gaylec)
Active Member
Joined: 9 years ago
Posts: 15
 

So if I'm understanding your responses correctly, the position for bigred is:

1. If the trust deed is not yet signed and advertised, no big deal, he needs to let the trustee know about the forgotten debt and he can listen to the advice of the trustee about what impact that would have on the agreed plans.

2. If Trust deed already signed and advertised but not yet protected, the terms of the trust deed will need to be changed to include the additional debt and he might be asked to pay more / longer, and the trust deed advertised again (how do you change the terms of a trust deed which has already been signed...? Interesting question)

3. If the trust deed is protected and the forgotten debt will result in his dividend decreasing by more than 20%, he might be asked to pay more money, even though th creditors have already agreed to it. (Given that the forgotten debt in his case is 1500, the total debt would have needed to be extremely low for it to make a greater than 20% impact on the dividend?). In that event, would the trustee ask for more money now, or wait until the form 4 is sent before making that decision?

Last question for David and Kevin - how often do your trust deed companies choose option 4 in David's post?


   
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(@bigred)
Active Member
Joined: 9 years ago
Posts: 17
Topic starter  

Thank you all for your replies and comments, I will advise my trustee and take it from there.


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

Hi GayleC - sorry for the delayed response (was away for a long weekend with no reception).

That's pretty much it summed up, though as I said previously the contribution amount is calculated using the set guidelines so it would be unusual for someone to pay more (unless they decided themselves that they could realistically cut back elsewhere so that they can afford more).

The terms of the Trust Deed are never actually changed. All the Trust Deed itself is essentially is a legal agreement to pay whatever is affordable and to convey all assets to a Trustee. The figures are contained in the statements/forms that are sent along with the Trust Deed to creditors when seeking protection. These could be changed, but the original signed Deed is not.

You are right that it is most probably a moot point in this case as the forgotten debt is pretty low so is unlikely to have a significant impact on the dividend being paid to creditors.

I honestly don't know how often we would propose that a trust deed runs for longer than originally intended, but it will likely depend on the circumstances. If it is because of a debt that someone didn't declare to the Trustee prior to signing then I'd say creditors would have a strong argument to say that it should happen in these circumstances and I imagine most trustees would have a similar opinion. If it is due to a change of circumstances beyond someone's control then that may well be a different matter.

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


   
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(@michelleg)
Eminent Member
Joined: 10 years ago
Posts: 46
 

my creditors must be very happy campers then with my TD they got back 70.8p in the ยฃ due to many many failings in processing my TD


   
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(@gaylec)
Active Member
Joined: 9 years ago
Posts: 15
 

Hi bigred - how did you get on with this? Have you been asked to pay more and/or extend your payments?


   
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(@bigred)
Active Member
Joined: 9 years ago
Posts: 17
Topic starter  

Hi Gayle,

I was advised based on the amount of debt it wouldnt make a difference to my monthly paymets which was a relief.


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

That's good news Bigred.

These things always have to be looked at case-by-case. The trustee will always seek to be practical and fair to all parties though.

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


   
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