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(@pinkveggie)
Eminent Member
Joined: 11 years ago
Posts: 29
Topic starter  

Thanks for the help i got before but I am completely confused and I cannot find anywhere a definitive answer!

I due to circumstances, will lose a lot of money coming into the house and was thinking I may have to fail my trust deed but i phoned the Company and they said today that if I simply cannot afford to pay anything then payments will be set to zero for the remainder of the trust deed and it will not fail.

Is there anywhere or anyone who can confirm if this is correct please?

Pink and fluffy and proud


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

That's at the discretion of your trustee Pinkveggie.

In these circumstances some fail trust deeds, others allow them to continue with zero contributions if they become unaffordable through no fault of your own.

A good outcome for you if this is what happens?

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


   
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(@upstream)
Reputable Member
Joined: 14 years ago
Posts: 251
 

Depends on which TD firm you're with as they will take different views. Some will suspend your payments so that you can pick them up again once your fortunes change for the better. Others may take the view that if you cannot meet your obligations through no fault of your own that the TD will end and you will be free of debt. Others again may say the TD has failed and discharge themselves leaving you back at square one with your debts. Best to call your trustee and clarify things and get their intentions in writing.

Glad that's over with....


   
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(@upstream)
Reputable Member
Joined: 14 years ago
Posts: 251
 

Looks like we were typing at the same time TDA....

Glad that's over with....


   
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(@pinkveggie)
Eminent Member
Joined: 11 years ago
Posts: 29
Topic starter  

Thank you well my relationship manager said one thing and when I phoned today and spoke to someone else I got a completely different story, hence why i asked but apparently i cannot speak to the trustee (is that common?) so I am back at square one

Thank you TDA and upstream

Pink and fluffy and proud


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

Hi upstream.

The same time, and pretty much the same message!

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


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

Hi Pinkveggie.

That's unfortunate, but you could write directly to them for clarification if their staff have given you conflicting information.

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


   
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(@pinkveggie)
Eminent Member
Joined: 11 years ago
Posts: 29
Topic starter  

Thanks TDA, I will try again, is there anywhere where definitive rules are written down so I can check for myself, it appears to be a bit of a lottery depending on the firm? and is it in their rules which they make up themselves?

Pink and fluffy and proud


   
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(@saabrina)
Estimable Member
Joined: 14 years ago
Posts: 148
 

I was made redundant in September 2012, payments to my trust deed were suspended while I was unemployed. When I got a new job about 4-5 months later the salary was around ยฃ5000 a year less than my previous job. Initially it was said that I would be discharged from my TD but it was then decided that my payments would remain zero for the remaining time of my trust deed in case my circumstances improved (which they haven't)and I could resume payments, or in case I had a windfall (which I haven't) which could be paid for the benefit of my creditors.

I am now counting days until my 3 years is up and all being well I will be discharged soon.

As for a definitive answer, I can only tell you my experience.

You have been given different stories from different people. I would go with what your relationship manager says, I assume that was one of the people you spoke to? Maybe the other person was giving generic information rather than information specific to your case

Saabrina


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

Hi Pinkveggie. I can understand your desire for definitive answers here. Unfortunately, whilst the legislation is specific in lots of respects, there is also a lot of room for interpretation. As others have said, different trustees do view these things differently.

I think you will find that most will be somewhere in the middle - ie a balanced approach. So whilst they should be sensitive and flexible to changes in circumstances, they will often also seek to take creditors interests into account to some degree by extending the period for example.

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


   
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