Have I been ripped ...
 
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Have I been ripped off?

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(@caroleanne31)
Active Member
Joined: 12 years ago
Posts: 5
Topic starter  

I contacted Trust Deed Scotland to query setting up a trust deed in January this year. My expenditure was calculated when I called to make the enquiry, but it was underestimated by around £150. I asked to redo this with the correct figures but they wouldn't. They then sent someone, who was very friendly, out to my home to go through all my debts. My total debt came to £18k and I was told by Trust Deed Scotland that £11k of this would be written off and it definitely wouldn't last any longer than 3 years.

A few weeks later I received my paperwork, which was from Knightsbridge Insolvency, stating the term would be 4 years 9 months and that they could only write off £5k. This is quite a considerable difference compared to what I was told initially, but by this time, I felt I was in a position where I didn't have a choice and was living off £2 a week. Again I asked for my expenditure to be recalculated on the correct figures, but they wouldn't do this.

When I went to sign the final paperwork, I noticed it stated I had to pay a £500 property fee/abandonment fee which was never mentioned before. They have since told me this is to avoid them making me release equity in my property at the end of the term, however as far as I can see from information online, it looks like this is only available to people over 60 years old and I am 31. Is this even applicable to me?

I feel like I have been completely conned into this and am unsure if I actually have a Scottish trust deed, or weather this is under some other law as the company are based in Manchester. I am beginning to doubt if this company is even legitimate and I continuously receive letters from my creditors chasing me.

Can anyone help with this?


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 17 years ago
Posts: 4798
 

Hi CarolAnne

It is always difficult to comment on other firms, however from the points raised, the payment and time period should have been discussed and agreed at the start and should not be open to the Trustee extending this for no reason. If you have a copy of the Trust Deed then it should state the time period. Do you know if you signed the Trust Deed?

Some firms charge £500 for property where there is no equity, although non on this forum do. I am unsure which website you checked as age has no bearing on this.

As for the company being legitimate, I understand that Trust Deed Scotland pass cases to Knightsbridge who are licenced Insolvency Practitioners.

Mark

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


   
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David Tannock
(@david-tannock)
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Joined: 12 years ago
Posts: 2581
 

Hi CaroleAnne31,

I'm sorry to hear of the difficulties you are having in relation to your Trust Deed. A Trust Deed should provide debt relief and stop the stress of worrying about the debts and give you a light at the end of the tunnel.

How much did you agree to pay to the Trust Deed and do you feel that you can afford to continue with payments for the duration?

Trust Deed's can last between 3, 4 and 5 years. The timescale is determined normally by how much someone can afford to pay per month. This payment has to be enough to cover the costs of the administration of the Trust Deed and also return a certain percentage in order that the creditors will accept the proposal.

As Mark said the £500 is charged by some firms not to revisit the equity during or at the end of the Trust Deed. A valuation and redemption figure for your mortgage should have been obtained to ensure that your property did not have any equity. Do you know if this was done at the start?

If you are still receiving letters from your creditors you should contact your relationship manager who should be happy to send out paperwork to those creditors advising that you are in a Trust Deed.

David is not currently posting in the Trust-Deed.co.uk forum


   
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(@caroleanne31)
Active Member
Joined: 12 years ago
Posts: 5
Topic starter  

Hi there,

Thanks for both of your replys.

I signed the paperwork that stated the longer term as I felt by then it was too late to turn back. Although I am relieved to hear that Knightsbridge are ligitimate.

In regards to the property fee - no valuation was taken for my property. I did give them my annual mortgage statement though. I've had a look at some other posts hear and can see some people havent paid it at the beginning but when changing their mind later down the line this fee has massively changed. I had looked at equity release online and it seemed to be aimed at people over 60, which got me wondering if the company were just trying to squeeze more money out of me. I think from what your saying and what I've read on this site, its probalby best just to pay it and get that out the way.

My trust deed payment is £204. Once I get my salary each month and have paid all my basic bills, I'm left with £100 for food & my months bus pass. Of course its better than my previous situation but still doesnt give me much to live off. I'm sure things will get better slowly.

I have forwarded the letters ive received from my creditors to the trust deed company, but havent had any response or acknowledgement back which concerned me a little.

Thanks for your help, I do feel more relaxed about it already.


   
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(@caroleanne31)
Active Member
Joined: 12 years ago
Posts: 5
Topic starter  

Re the term and payment being agreed. I was under the impression with Trust Deed Scotland that it had been agreed by them for 3 years at £204 so was shocked when i received the paperwork from Knightsbridge. Trust deed scotland "assured" me it wouldnt be longer. The amount of hassle I had to go through in my work was awful and resulted in two disciplinary meetings and my job being restricted. I was made redundant from my previous job which was the reason I had to enter the trust deed.

Anyway when I questioned the length of term with Knightsbridge they told me it was down to my main creditor increasing the amount they wanted back which ment it had to be over a longer term. Does this sound right?


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 17 years ago
Posts: 4798
 

Hi CarolAnne31

In 26 years, I have never had a creditor ask or even suggest that a contribution be increased as it is not their position to do this.

It looks as through the proposal may have been rejected as the dividend did not reach the required taget and the IP has taken it upon themselves to extend the period to have it accepted.

Who was the biggest creditor as a matter of interest?

Mark

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


   
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(@caroleanne31)
Active Member
Joined: 12 years ago
Posts: 5
Topic starter  

It was Nationwide. I owed £5k to them and was told that Barclays (who I only owed £800 to) was also part of nationwide ?? to due this it made them my biggest creditor. Knighstbridge told me because of this Nationwide extended the term. I've never heard of Barclays and nationwide being in partnership so thought this was a bit strange.


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

Hi CaroleAnne31.

It sounds like there's some confusion over a link between Barclays and Nationwide.

It will not be Nationwide that extended the term. Your trustee suggested the extended term, which you then agreed to when you signed the trust deed.

It might be that an extension was required to meet Nationwide's expectations, it might be that it was related to the fees that you're being charged for the trust deed, or it might be a combination of the two.

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


   
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(@caroleanne31)
Active Member
Joined: 12 years ago
Posts: 5
Topic starter  

Right ok. They told me it was Nationwides decision. Either way i feel much happier now that i came across this forum. Its put mind a bit more at ease with everything.

Thanks for all your comments. It has been very helpful.


   
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David Tannock
(@david-tannock)
Famed Member
Joined: 12 years ago
Posts: 2581
 

Hi CaroleAnne31,

I'm glad that the forum has been able to make you feel a little better about your situation.

When was it agreed that you would pay over the £500 nominal sum payment to discharge the Trustees interest in this? Was this to be paid over at the beginning, during or at the end of your Trust Deed?

David is not currently posting in the Trust-Deed.co.uk forum


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 17 years ago
Posts: 4798
 

This £500 is another interesting point as it would need to be paid either at the end after the contributions had ceased or from a third party and you could not be seen to be able to afford a £500 payment while in the Trust Deed. This, on the face of it, would be looked on as an enhanced contribution.

Mark

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


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

Nationwide and Barclays aren't connected as far as I am aware, but they do have the same agency working on their behalf to deal with trust deed proposals. They have slightly different criteria to most of the other main banks and it sounds like the change to your term was needed in order to pay in enough to keep them happy and therefore get your trust deed protected.

This in itself is not that unusual. My concern would be the affordability of a trust deed for you, especially over such a long period. Was sequestration not explained to you as an option?

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


   
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