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Mis-sold complaint upheld

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(@lo2407)
New Member
Joined: 9 years ago
Posts: 2
Topic starter  

Hello, I need some advice.
I should be discharged this month. Last year we put in a mis-sold complaint as when we entered into our trust deed I felt frightened into it and felt like there was no other option. The company upheld the overall complaint on the basis that the fees were not outlined to us correctly, however they have not agreed a resolution. My RM has changed several times and thus combined has led to no payments being made into the TD for a year. There has been no contact between TD and ourselves and I'm now beginning to feel nervous. Do I have any rights in regards to the complaint? Will I lose my home? There is no equity in the home
Thanks



   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Welcome to the forum LO2407.

I'm sorry to hear that you felt the need to submit a complaint to your trustee. You obviously had some grounds for this if the firm has accepted that certain things should have been done better.

The issue here may be that you can't "turn back the clock" on a trust deed. Once it has happened it has happened. The three parties involved (you, your trustee, and your creditors) are all bound by it. This would be the case even if you have a perfectly legitimate complaint which the firm has accepted.

We could only guess as to what the intentions of your trustee, if they have any intentions at all right now, would be. I think it's absolutely vital that you contact them ASAP to confirm what the current position is and whether they have any intentions at the current time (or what their intentions may become if this stalemate isn't addressed). The less communication there is the more likely that something you don't welcome will occur.

Without equity in your home it's very hard to see how this situation could put your home at any immediate threat.


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


   
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David Tannock
(@david-tannock)
Famed Member
Joined: 12 years ago
Posts: 2581
 

Hi LO2407 and welcome to the forum.

As TDA has advised the best thing you can do is start communicating with your Trustee regarding your case and a way forward. If you don’t do this and be pro-active you could still be in the same position this time next year.

If you don’t have any equity in your property then your house shouldn’t be as risk.

It’s hard to give you specific advice regarding what will happen next kind of thing as we don’t know the full details of your complaint and your Trustees view on this and why they up-held your complaint.

Like I said you really need to speak with your Trustee about this. Once you have done this please let us know the outcome and we can help further if required.


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


   
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(@lo2407)
New Member
Joined: 9 years ago
Posts: 2
Topic starter  

Thank you to both David and TDA for your swift response.

I am genuinely terrified of getting in contact with them as they debited more than £540 per month which is more than our mortgage payment and with 2 kids and a house 2 run it left us with almost nothing.

what would be the worst case scenario if I did not maintain contact? I have had no communication whatsoever and I have not changed details. As far as I know they are still in business. I'm genuinely scared to contact them

Thanks for your advice



   
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(@voice-reason)
Estimable Member
Joined: 13 years ago
Posts: 106
 

As others have said, I would strongly encourage you to contact the company dealing with your Trust Deed. In the event of non co-operation/payment the Trustee could close the case, without discharging you from your debts, or possibly look to take action to sequestrate you - make you bankrupt.

Should they decide upon the latter it would result in sheriff officers turning up at your door and may cause you further stress or anxiety.

Even making initial contact and asking them to issue you with a current status report in order to re-assess your income and expenditure could be a starting point, and from there you could look to ask them to review the additional issues.



   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

I must agree with the other replies, LO2407. Trying to hide away from this problem is probably the worse thing you can do and is more likely to lead to the kind of outcome that you fear.

I think Voice of Reason's plan sounds a good one - email them and advise that you wish to get things back on track but that you feel that the payment is unaffordable and they will probably send you out a form to fill in with your income/expenditure details so that they can review your contributions.


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


   
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