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
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
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.
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 ?
Thanks again
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.
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