Letter from Trustee
 
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Letter from Trustee

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(@stevedodge)
Active Member
Joined: 15 years ago
Posts: 10
Topic starter  

Hi,

Looking for some help as it's the weekend and can't get hold of Trustee until Monday.
I have been in a protected trust deed since March 2010 and have 4 months remaining. I have made all my monthly payments without fail. I completed a review that I was send after 12 months. I never recieved a review form at 24 months (which would have been March this year). I sent an email to the Trustee office at the time to ask if I should have been doing something, never heard back. Had spoke to the office a couple times this year since then in relation to some other things and not once did anyone mention the review form. So me not knowing any better just assumed I wasn't to have a review or something. During my entire trust deed I have never spoken to my Trustee, only admin staff in the office.
I have been out of the country with work for the past two weeks and returned on Monday to a letter from my trustee (which was send on 8th October) stating that I was overdue a review and had not responded to the review they sent in March. They did not send any review in March! It stated that I should complete the review within 7 days or it would be deemed as non compliance. I called this office on Wednesday of this week to explain that I have been away and will complete the form ASAP and send it in (also mentioning this is the first I have heard of the review). They said that was fine and I sent the forms yesterday.
I have just received a letter from the Trustee today stating that I have been non complaint and that they are now going to instruct solicitors to seek sequestration!! To say that I am gobsmacked is an understatement. The Trustee makes a statement that I have a history of being non compliant, which I have no idea where they are coming from. I have made all my payments and responded to any of their requests through the course of my trust deed.
I only have 4 months remaining on trust deed and it's being a difficult 3 years so this letter had completely shocked me.
Any advice on whether the Trustee is in the wrong here?

Regards
Steven Rodgers


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

Hi stevedodge.

Is there any chance these two letters have overlapped?

From your description it does sound as though everything will work out OK.

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


   
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(@stevedodge)
Active Member
Joined: 15 years ago
Posts: 10
Topic starter  

The letter was dated yesterday, which is two days after I spoke to the office.
I guess could have crossed over but just to receive the letter in the first place without the trustee even speaking to
me is a bit confusing. I'll speak to the office Monday morning.
Living with a trust deed for 3 years is difficult and stressful as you can imagine, so the last thing you need is threatening letters when the trustee hasn't even taken the time to speak to me.
My trust deed was set up with Mark from this site and his office (although he's not my trustee)
Really just concerned that the trustee is going to terminate my trust deed on the back of that letter.


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

Hi stevedodge.

Termination isn't going to happen without very good reason.

Hopefully you can get everything straightened out on Monday morning.

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


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

It will be letters overlapping from different desks in the same office,happens all the time.

Paul

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


   
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(@stevedodge)
Active Member
Joined: 15 years ago
Posts: 10
Topic starter  

Spoke to the office and the admin team aren't really willing to listen to my side and are stating that the decision has been made. Supposedly it's all to do with me not filling in PPI forms quickly and sending them in, meaning their office had to contact me a few times to chase. This is deemed as non compliance!
For info I returned the PPI forms last month after speaking to the office. It was my own misunderstanding as I have never had PPI on anything so only thought the forms were to be filled in if had taken PPI. Once the office called me and explained I completed them and sent them in. They seem to think a review form was sent in march (never received anything and first heard about it was 8th October) so they believe I didn't complete these either! Even though nobody from the office had called me about it before now or sent any follow up letters. The fact they have had to call to chase me on couple things is being deemed as me being non compliant and that's that supposedly.
Waiting for a call from the person who made this decision but getting more and more stressed about it.
Do you feel the circumstances warrant this action?


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

Hi stevedodge.

It isn't easy to comment as terminating a trust deed and seeking to sequestrate a client is a very serious step to take.

From your description this would seem like a strong reaction to what has taken place, which makes me wonder if their perception of the events leading up to this point is different to yours.

I do hope that you'll be able to straighten everything out.

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


   
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(@stevedodge)
Active Member
Joined: 15 years ago
Posts: 10
Topic starter  

Thanks for the advice. Managed to speak to them and sort out the situation. They explained things from their side and I explained how it was from mine.
Looks like they also wish to see my trust deed continue to completion. Only four months to go!
Thanks again for easing my concerns.


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

That's great news stevedodge.

I'm glad it's all sorted out and you can proceed with the final few months of the trust deed now.

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


   
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