Hi Quiggles.

This does seem like a very unfortunate situation, but one which it would seem you have every right to expect your trust deed provider to sort out for you.

I'd suggest that you are persistent with them as it sounds as though this should have been dealt with along with the other debts.

I'm afraid that there is every possibility that you may have to pay this back, quiggles. Benefits overPayments are not automatically discharged in a trust deed as they are not classed as ordinary debts but as the result of a fraudulent claim.

Is this an absolute position Kevin?

The reaction of Quiggle's trust deed company, and the early correspondance with the DWP, seem to indicate that each party thought that such a debt might be included amongst other the creditors in the trust deed.

Hi all

Debts are excluded under Social Security and Administration act 1992, although the act states sequestration, not Trust Deed. So perhaps a bit of a loophole!

Mark

Possibly - but best of luck arguing that case with DWP !

Ok an update. Seems my TD still have the copy of the original debt from DWP which I sent them in 2007. DWP were on the list and received a breakdown of dividends on completion of my TD. For some reason DWP never submitted a claim but assumed it was being sorted, hence they had no contact with me from 2007 up untill now. They have now been told to submit a claim to the TD company who will deal with it for now and anything else I hear I have to refer to the TD company. Still awaiting my discharge certificate and not sure how its going to work, but seems DWP will now receive something?

I think that's hard to say Quiggles, Kevin and Mark are suggesting that such a "debt" would not normally be included.

Hopefully for you it will be, and your trust deed will be closed soon.

Please let us know how this all develops.

Hopefully if they are claiming a dividend then that infers that they are agreeable to writing the rest off - but legally I don't believe they have to. Just have to cross your fingers, Quiggles...