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Help/advice please on a trust deed

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(@dc2513)
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Joined: 2 years ago
Posts: 4
Topic starter  

Hi all,

 

I'm looking for some help/advice regarding my trust deed long story short I have had a lot going on in my life with loss of my grandad, dad and aunt in the space of a few months I am about to enter I to my 3rd year of my trust deed and I had my friend point this out to me today , I have done some overtime over the last few months and I didn't advise my trust deed of this, I suffer from severe anxiety,PTSD and depression from my army days and this has my really worried I have messed up and my trust deed will fail so first question is.. can I fix this? The second question is I have also applied for pip and if I get it do I need to give my trust deed company my pip money if it's backdated ? Sorry for the book I'm just extremely stressed and want to try and fix things as I don't want my trust deed to fail any help or advice would be greatly appreciated thank you 


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

Hi Dc2513.  Welcome to the forum.  I am very sorry to hear of your recent bereavements - it must have been a very tough time for you lately.

First thing to say is don't worry - this is certainly fixable.  Being open and up front with your Trustee is always the best policy, so I would recommend you contact them and let them know about your overtime.  If you can justify that your outgoings have increased too, or you have had some exceptional items of expense recently then your trustee might be happy to leave it at that.  However, there is also the possibility that they will require you to pay over some or all of the extra money you earned.  If you don't have those funds any longer then they will probably look to extend your Trust Deed term for a few extra months to gather it in instead.

Regarding your claim for PIP - you cannot legally be required to contribute any funds from benefits to your Trust Deed, whether backdated or not.  However, your Trustee can take it into account when calculating how much of your earned income you can afford to pay.  So yes, it is possible you could be asked to pay a higher amount as a result of a successful claim for PIP.  Having said that, standard practice across many firms is for PIP funds to be ringfenced - ie while it shows as income on your budget, the same amount shows going out on your expenditure as "care costs" or something similar.  So the net effect is zero and the amount you are asked for wouldn't change.

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


   
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(@dc2513)
Active Member
Joined: 2 years ago
Posts: 4
Topic starter  

@kevin-mapstone thank you very much for the reply it's greatly appreciated I did try calling the national debt line and I questioned he advice as I happened to see your reply when on a call to them. He stated that I would be expected to give them my back dated pip and they may take more money off me because of my pip. I then used some of the above information and he asked me to hold and went to double check and came back and then said yes they shouldn't be asking me for any of my back dated pip.the advisor then stated they may ask me to pay a higher amount because I get pip... Safe to say his call left me confused as his advice wasn't very sound.

 

I have sent my yearly review form to my insolvency company and I did add to the email that I had done over time, no reply from them yet but I will be honest and open with them about it as it was a genuine mistake on my part because if I knew any overtime would be took off me then I certainly wouldn't do it as it would be pointless.

Also just for clarification, they aren't entitled to any back pay and shouldn't be asking for any mo ey from my on going pip payments when I do get them? If they do ask for any of that money where would I stand legally and should I speak to a solicitor.

Again thank you very much for your time and help in this matter it's greatly appreciated as I suffer from severe anxiety and PTSD so you have really helped me so much already 

 

 

 

 

 


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

That's right - benefits are not allowed to be claimed by a Trustee in a Protected Trust Deed.   However, it is possible that the trustee could indirectly seek to get some/all of this money from you by saying that you should have been able to pay more from your wages during the period the backdated benefit is for.  That's why you might have to be ready to fight your corner as to what expenses have not been taken into account by your trustee previously.

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


   
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(@dc2513)
Active Member
Joined: 2 years ago
Posts: 4
Topic starter  

@kevin-mapstone again Kevin thank you very much for your time, as PIP is new to me and I haven't actually received anything yet that includes the award notice! I'm not sure how or what approach to take with the backdated pip and pip payment, as you say if they aren't entitled to take it and they could try to take indirectly, could you possibly advise on who to speak to should such matters arise? Also Incase I didn't mention it before I do suffer from pretty mad mental health issues which includes PTSD and anxiety from my service in the army. I want to make sure I'm doing what's right for me. I do want to get my trust deed paid off fully and correctly but I also don't want the trustee trying to take the mick out of me.

Again your advice has been extremely helpful and I am really grateful for people like your who take time to help others. 


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

Hi Dc2513.  Best to speak with your trustee first and see what they say. Hopefully there won't be any problem that you will need to seek further advice with, though you are of course welcome to come back on to this forum if there is.

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


   
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