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(@godamskint)
Active Member
Joined: 15 years ago
Posts: 5
Topic starter  

Hi All,
Hope you can enlighten me here, I have been in a trust deed for 10 months and have been given some money. What happens if I don't declare it and I get found out by my trustee, its only 3k but want a holiday, does my trust deed just last a bit longer than the 3 years if I get found out or will I be forced to bankrupcy. Please let me know.
John.


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

Hi godamskint

Moving into serious ground here possibly. It depends on the wording of the Trust Deed etc, but theres an obligation to norify the Trustee.

I think the non disclosure could result in either of the 2. It may be that the trust is gone and there is a bankrupcty petition.

Mark

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


   
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(@godamskint)
Active Member
Joined: 15 years ago
Posts: 5
Topic starter  

Thanks Mark,
I think I will tell my trustee then as I don't want any hassle, it's good to get a wee bit of money which I have never had to spend on the family, I can see where the "trust" word comes from now, thankyou.


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

Hi godamskint

Depending on the source, I'd be tempted to try and agree a split.

Only fair to be honest.

Mark

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


   
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(@godamskint)
Active Member
Joined: 15 years ago
Posts: 5
Topic starter  

Hi Mark,
I have had a thorough look through my trust deed documents and there is absoloutely no mention of windfalls or any extra monies that I could receive within my trust deed, I spoke to my trustee and they said anything over ?รบ500.00 I need to tell them about, but I have nothing in writing, I am worried now and don't know what to do. I don't want to spend it incase the force me to bankruptcy but they don't say anything in writing.


   
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(@godamskint)
Active Member
Joined: 15 years ago
Posts: 5
Topic starter  

Hi All,
Should I contact my trustee regarding having nothing of the above in writing?


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

Hi there,

It's normal in a Trust Deed that any acquired assets vest in the Trustee. I'm not sure how or whether that should be specifically recorded in the documents; perhaps one of our experts could confirm.

With that in mind I'd think making contact with your Trustee would be appropriate.

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


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

It would normally be contained within the text of the trust deed document itself that you will have signed initially, godamskint.

It is good practice for a separate summary of important points like this to be contained on another document to be retained by the debtor, but I guess not all insolvency firms do this

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


   
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(@godamskint)
Active Member
Joined: 15 years ago
Posts: 5
Topic starter  

Thanks Kevin and TDA,
I have again looked through all my documents and there is nothing at all in there that mentions it. I will ask my trustee to submit it in writing then it is all above board then, better being safe than sorry.


   
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