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Scottish Trust Deed Forum
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Topic starter
03/09/2012 4:20 pm
Hi Folks,
Looking for some advice please.
I am around 2 years into a trust deed and am becoming increasing unhgappy with the company that is dealling with it for me.
At the start, everything seemed fine and the account manager was in touch regulary and conducted the 6 month reviews on time etc.
Quite soon after I signed the TD my wages increased by £400 per month. I informed the account manager ASAP and sent in wage slips etc.
My month payment was increased by £100 per month.
During the next year and a bit I had very little or not contact from my Account manager.
I then started paying back a student loan so called to ask if it could be taken into account. The AM said it could and requested that I email wage slips proving how much I was paying per month towards the student loan. I did this.
I then did not hear from the AM for a good few weeks so called bacxk eager to get this resolved. The AM was off sick for a lengthy period of time so I eventually got to speak to the AM's manager.
I realyed some of my eagerness to get this matter resolved but the AM's manager advised that the AM was best placed to sort this out. I advised that I had lost confidence in the AM due to the face that I needed to get this sorted out sooner rather than later and that just did not seem to be happening.
The AM's manager agreed to take my case on and almost straight away asked for the past 2 years wage slips and bank statements!
Needless to say alarm bells started ringing.
What had happened was the AM had never reviewed my case from when my wages increased therefore the AM's manager needed to get a clear picture of my outgoings and wages etc.
The AM's manager has now reviewed the case only to inform me that I now have a huge ammount of arrears. I basically have not been paying enough for the past year and a bit.
This means my trust deed has been extended by 1 and a half years which I find terrible.
What I need to know is is there anything I can do about this sheer maladministration of my account.
Whilst I totally understand the reason behind my arrears I feel they were accrewed through no fault of my own.
I would rather not speak to who is now my AM without getting some impartial advice.
Thanks for reading.
Topic starter
03/09/2012 4:23 pm
Sorry, I realise there are quite a few spelling and grammar mistakes in this but I can't seem to edit my post.
03/09/2012 4:24 pm
Hello dave120 and welcome. I can understand your concerns about the situation.
Do you dispute that the additional amount now being requested would have been rightly due had full and timely reviews taken place previously?
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
03/09/2012 4:25 pm
I was also advised that my original AM didn't work for the company any longer so make what you will of that regarding his professional performance.
03/09/2012 4:26 pm
Hi again dave120.
Re: the edit; there is a quirk on the forum software that makes editing the first post on a thread difficult. If you want to edit any subsequent posts it should be straightforward.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
Topic starter
03/09/2012 4:29 pm
quote:
Originally posted by Trust Deed Assistant
Hello dave120 and welcome. I can understand your concerns about the situation.Do you dispute that the additional amount now being requested would have been rightly due had full and timely reviews taken place previously?
Hi There,
I don't disagree with the ammount as I have been earning more than they thought I was but that is not my fault.
I advised them of my change in wage and sent in wage slips proving this.
My payment did increase by £100 but that seems to have been an "estimation"
When the AM's manager looked at the account 1 and a half years later she noticed there was an issue and requested the past 2 years info.
The company still get their fee yet I am not going to be debt free in 3 years, it will be 4 and half.
Is there any action I can take against the company. Its not my falut they haven't kept my case up to date....
Thanks
Topic starter
03/09/2012 4:32 pm
The AM is fully to blame as he hasn't done his job yet I am the one that is suffering. He has been sacked\or left and the company still get their fee and I need to keep paying for an extra year and a half.
03/09/2012 4:53 pm
Hi dave120.
This seems like an especially difficult situation.
It sounds like you have done all that you could have been expected to from what you have written. I therefore agree that it seems very unfair that your discharge will be delayed.
If you wanted to complain about that the usual steps would be to:
1 - Formally complain to your trustee.
2 - Complain to the professional body of which the trustee is a member if you aren't happy with the response from your trustee.
Where this gets difficult is that it doesn't seem to be your fault, but nor is it the fault of your creditors. They should have benefited from the increase in your salary, money that you have inadvertently had the benefit of. As a creditor I'd still expect to be paid according to the original agreement, irrespective of who was at fault for it taking longer.
This places your trustee in a difficult position as you appointed them to have responsibilities towards your creditors as well as yourself.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
03/09/2012 7:09 pm
Seems a compromise is in order,Admin lapses led to under collection. You are 'entitled' to pay more than what's been collected but the company did have a big role in the under collection?
Don't know how that fits with the obligations of your appointed trustee though.
Topic starter
04/09/2012 8:16 am
Ok, Folks.
Thanks for the advice.
I feel uncomfortable complaining to the trustee but I think it is what I will do.
04/09/2012 11:12 am
Hi dave120
I cannot see how you could be held responsible. There is an obligation on the trustee or their staff to review the information as agreed and when submitted. If you have complied and there was a decision was made on no increase or increase in contribution then you have met your obligation.
I cannot see how a Trustee can reasonably re review information and make a different decision and then look to back date this.
As discussed above, in the circumstances you describe, you should be on to the Trustee with a formal complaint and then to their governing body for their failure to administer the case properly.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
