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(@becca84)
Active Member
Joined: 14 years ago
Posts: 15
Topic starter  

I am in the waiting period for my trust deed to become protected. I have had two letters offering me reduced settlement figures and need to respond in 7 days. I am worried legal action will be taken before my deed is protected, one company has said someone will be coming to my house. I have forwarded letters on and will do the same but am worried about the period before my trust deed hopefully becomes protected. Any advice would be great


   
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(@reidy1982)
Estimable Member
Joined: 14 years ago
Posts: 118
 

Becca contact your trust deed company and explain your concerns in this matter and forward the letters you have recieved and they will take care of it. Even though you are waiting for it to be protect the TD Company will inform the companies of the trust deed in process. As soon as your trust deed is protected they will not be able to take action against you even if they have sought action before hand and if you recieve any letter in regards to action inform your td company as soon as possible to take action. As for letter saying they are coming to your home in some cases this is frightening tactics to make you pay up. Before my TD became protect i recieved the same sort of letter but no-one ever did come to my door and i just informed my trust deed company who said the same thing.


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

Hi becca84.

As Reidy1982 says this type of letter is very common, but actual visits to a home are not.

They are usually used to check someone still lives at a certain address more than anything else.

When did you sign your trust deed? Has it already been advertised in the Edinburgh Gazette do you know?

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


   
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(@becca84)
Active Member
Joined: 14 years ago
Posts: 15
Topic starter  

I have been forwarding all my letters to the person I need to. I signed my trust deed the middle of January and my notice appeared on the Edinburgh gazette the 3rd of February


   
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Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Hi becca84

It is unlikely anything could happen now. Even if you were served with a Court Summons tomorow, the hearing date would be about 3-4 weeks away, that is when a Decree can be awarded. If you are worried about the arrestement of wages, that simply could not happen before protection. This is because after a decree is obtained, a further document called a Charge for Payment has to be served on you, and further 14 days has to pass before action can be taken. Companies threaten court action for months before they actually do anything. I am sure you will be fine, so try not to worry, and just keep your Trustee informed of any threats.

Shona is not currently posting in the Trust-Deed.co.uk forum.


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

Just thought I'd back up what Shona has said, to give further reassurance. Unless a creditor had already been to court before now then it is very unlikley that they will be able to do anything before your trust deed becomes protected.

The letters you have received are normal and are usually sent for several months before most creditors get anywhere going to court.

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


   
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(@tinsoldier)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Just to add, if someone did come to your house - and it's extremely unlikely - they have no power to enter the premises. You can basically ignore them, open the door and close it again, or if you feel inclined stick the kettle on for them!


   
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