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Scottish Trust Deed Forum
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Topic starter
24/10/2015 3:56 pm
Hi this is going to be lengthy and complicated so please bare with me.
My old marriage ended in 2010 and I left our owned property and believed that when signing divorce papers that the mortgage was no longer my responsibility and my name would be removed by ex husband. I later have found out it never! We share a daughter so have remained civil and received a letter from a debt agency couple months a go requesting £68,000 as he had surrendered the keys and property went to auction and this was the shortfall remaining.
I got my ex husband to contact the debt agency and he stated he was solely responsible and has recently set up a trust deed of his own for the debt. His has been accepted for the full amount and he is now protected but now I am being chased for the money (full amount) too! I also did one myself for other debts totalling to around £15,000. My trust deed was given to the 21st Oct to be contested so as far as I am aware, it has began but need to speak to Harrington Brooks Monday to confirm.
I received the letter this morning chasing or the £68,000 so when I called and said my ex has already sorted this and has a trust deed, they said it doesn't matter with my name being on the mortgage also, they can now come after me for the amount too. I am confused and upset by this and can't speak to anyone at Harrington Brooks till Monday. Can anyone tell me where I possibly may stand in regards to this? It has such a large amount and now in fear that it will affect my trust deed being protected. I am already going to be paying over a period of 5 years. Please anyone who can shed some light I would be so grateful.
24/10/2015 6:19 pm
Welcome to the forum mandjaz06.
As you've found out, only with the mortgage lender's consent can you come off it. Normally they've little incentive to do that.
The debt automatically falls into your trust deed. However, you need to advise your trustee about it ASAP. With it being such a massive sum your trustee may need to give some thought to whether your trust deed remains viable for your creditors and yourself.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
24/10/2015 6:27 pm
Thanks so much for replying.
This has been such a shock and doesn't help being pregnant and emotional all day with no one to contact.
I had a breakdown at time of separation so wasn't of a sound mind at the time and before my ex would sign divorce papers, his family made sure it was in writing by solicitor that I was to have nothing to do with the property. I believed myself to be removed for those reasons and now realise how wrong I was!
I am definitely contacting Monday morning first thing but just wondering if this debt of £68.000 is from RBS and most of my other debt is also RBS then will this go in my favour as I am already paying them for personal loans and credit cards etc?
Could my trust deed fail because of this and how likely in your opinion?
Sorry to ash your brains, just sick with worry! [:(]
Topic starter
24/10/2015 6:28 pm
bash your brains***
24/10/2015 7:15 pm
Hi again.
I think the potential issue if that your creditors have, hopefully, agreed for your trust deed to become protected on the basis of the proposals put to them.
Adding a further huge debt means they'll probably never receive back a sum in line with those proposals.
Your trustee will need to weigh up their interests and yours with this in mind.
Frustrating I know, but with offices being closed until Monday I'd try to set this to one side until then. It's really one of those scenarios where the only opinion of value is going to be that of your trustee.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
Topic starter
24/10/2015 7:24 pm
Thank you for your time. Never wanted a weekend to pass by so quickly!
Hopefully something can be worked around.
Thanks again.
Topic starter
26/10/2015 1:36 pm
Been trying to get hold of trustee all morning and no one is returning my calls, going out of mind with worry here!
27/10/2015 2:17 pm
Hi mandjaz06,
Did you manage to speak with your Trustee yesterday?
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