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Scottish Trust Deed Forum
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Topic starter
26/05/2019 10:11 pm
Hi i was discharged from my trust deed 1/11/2018 and trustee discharged and final distribution made 4/4/2019.My biggest creditor was the council for council tax and i work for the same council .I am waiting on an offer of equal pay that has been ongoing from 2007 but only agreed to settlement in january 2019 can the take the counxil tax that was included in my trust deed from my offer or are my debts to them extinguished on final distribution and discharge .
M hart
27/05/2019 10:29 am
I suppose they may potentially look to set off the lump sum against the council tax arrears, but whether they can legally do so is another matter.
It is much like the PPI situation I think. RBS are setting PPI off against pre-Trust Deed debts they were owed, despite a legal decision that said they shouldn't, a case which we believe is being appealed.
Hopefully you will have no problem, but if they do try and do this then I think it would be a good idea to seek legal advice.
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Topic starter
27/05/2019 11:32 am
Thank you for the reply that was what i was thinking that the may try to offset like RBS as i’m pretty confident the trustee can have no interest in it as they are already discharged .
M hart
Topic starter
27/05/2019 12:03 pm
Thank you for the reply that was what i was thinking that the may try to offset like RBS as i’m pretty confident the trustee can have no interest in it as they are already discharged .
M hart
28/05/2019 3:31 pm
Hi Marieh38.
I doubt that they'll try to offset this, but you'll have good arguments against such a course of action if it does happen.
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Topic starter
28/05/2019 4:46 pm
Thank you very much i feel sick waiting to see if they do it would probably wipe out the pay i have fought for for the last 12 years most claimants have already received their offers but still waiting its agonising .
M hart
Topic starter
29/05/2019 6:30 pm
Happy to say that the worst never happened and they never offset previous arrears that were in trust deed .I received my offer today and can honestly say i was gob smacked. Finally debt free and have a bit of financial security for the first time in a long while .Also thank you to Kevin and also the other trust deed advisor who replied and put my mind at ease the past few days .
M hart
30/05/2019 9:05 am
That's excellent news for you Marieh38.
I'm glad that this has worked out as you hoped it would.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
30/05/2019 9:28 am
Hi Marieh38,
That’s absolutely fantastic news and I’m glad it’s worked out in your favour and provided you with a bit of financial security for the future.
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