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Scottish Trust Deed Forum
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Topic starter
10/01/2013 3:10 pm
I need some advise..........
I have been off on maternity and my trust deed was put on hold, im trying to set it up again because im back at work.
The trust deed is for debt that is mine, I live with my partner but we are not married, no joint accounts and we split everything 50/50 and he supports me as after paying bills there is none of my wages left (he ends up paying more)
My trust deed company want me to pay £170.00 but i just cant afford it, They have said if i dont an contribution order will be enforced....... Can they do that???? they are trying to say "well your partner earns more so he should pay more of the bills" but thats not there place to say........ we have always worked 50/50 and now we have a child its even harder..... after the bills are paid there is none of my wage left and what is left of my partners he supports me and him and our little one! where do i stand.........
10/01/2013 3:24 pm
Welcome to Trust-Deed.co.uk katesb83.
It's understandable that your partner and yourself will have come to your own arrangement about how your bills are split.
However, splitting them 50:50 irrespective of your relative earnings isn't how this process would usually work with trust deeds.
A partner that is earning proportionately more than the other would normally be expected to contribute proportionately more towards the joint household costs when calculating a trust deed payment.
If your partner earns more than you then it's possible that your share of the household bills will be deemed to be less than 50%.
The follow-on effect of this is that you may struggle to pay 50% of the household bills and to pay your assessed trust deed contribution.
If this is the case I think you're going to need to discuss it with your partner. It would appear that the trustee is considering taking legal steps to secure the payment they think that you can afford to pay into your trust deed each month.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
10/01/2013 3:35 pm
Thanks for your reply
"trustee is considering taking legal steps " i dont understand how this is something they can do if you enter into a trust deed voluntary....
Is there anyway to remove myself from trust deed or im i binded until the end?
10/01/2013 3:44 pm
Hi again katesb83.
You did voluntarily appoint your trustee, but when you did so they took on some legal responsibilities. One of those responsibilities is to ensure that you pay what you can reasonably afford towards your debts.
What is "reasonably affordable" is obviously open to some interpretation and dispute, but assigning a greater percentage of household costs to a higher earner is a pretty common principle that helps to ensure that creditors get treated fairly.
You cannot leave the trust deed unless the trustee facilitates this. If they intend to secure a monthly payment from you against your agreement it sounds as though they may be unwilling to let you leave the trust deed.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
