Notifications
Clear all

Ignoring a TD

9 Posts
5 Users
0 Reactions
2,159 Views
(@gallows88)
Eminent Member
Joined: 12 years ago
Posts: 24
Topic starter  

I have an ex partner who had her solicitor send me a letter threatening to take me to court over a debt they allege I owe her
My TD company wrote to her asking her to submit a cliam

when she received this I got a very angry response from her stating she would ignore the trust deed and pursue me for the money anyway
although the debt they claim was before the TD was signed

Can she ignore the fact I am in a protected trust deed and take court action


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

Hi Gallows88.

For almost every kind of debt there is nothing they can do. Nothing.

So she can ignore your trust deed. And you can ignore her.

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


   
ReplyQuote
(@gallows88)
Eminent Member
Joined: 12 years ago
Posts: 24
Topic starter  

Thank you very much that takes a lot of stress away from me and I will believe me ignore her and her solicitor going forward


   
ReplyQuote
Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi Gallows88

TDA is correct, the purpose of a Protected Trust Deed is to equalise all creditors, so one has no higher right than the other.

In any event, it may be difficult to prove the debt unless an agreement with terms was drawn up as opposed to just a straight payment from one person to another.

Mark

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


   
ReplyQuote
(@gallows88)
Eminent Member
Joined: 12 years ago
Posts: 24
Topic starter  

Thanks also Mark

No terms or agreement for this alleged debt were written or even spoken of yet her solicitor still sent the letters

Would it be safe to assume the solicitor will abide by the TD rules now ?


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

Probably, but it doesn't really matter.

If they're aware of the trust deed just ignore them.

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


   
ReplyQuote
(@gallows88)
Eminent Member
Joined: 12 years ago
Posts: 24
Topic starter  

Thanks again


   
ReplyQuote
(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

the solicitor has no choice but to recognize the trust deed,and sending letters is simply going to up the bill for your ex!!

Paul

Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


   
ReplyQuote
(@tonyd)
Estimable Member
Joined: 12 years ago
Posts: 115
 

Hi Gallows 88

Any more letters from her solicitor I would simply put in an envelope and send them on to your trustee, then forget them!

Tonyd


   
ReplyQuote
Share: