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04/05/2021 4:45 pm
Hello all
About 10 years ago I completed a protected trust deed
At the time I included all debts I was aware of
Last year I got a letter from DWP saying I owe them £3300 for an overpayment from over20 years ago
Should this debt still exist even though was not included?
Many thanks
04/05/2021 8:02 pm
Welcome to the trust deed forum MickeyC.
This question came up recently on the forum and Kevin advised that, provided the debt wasn't considered to be fraudulent, it will have been covered by a trust deed.
See: https://forum.trust-deed.co.uk/forum/topic.asp?TOPIC_ID=8025
I'd suggest making the DWP aware of the details of your trust deed at this stage and see where things go from there.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
14/05/2021 6:08 pm
Hi Mickey,
One of the key benefits of a Trust Deed is that it includes all debts that existed at the date of signing by default - whether that creditor is notified, or steps forward during the Trustee's time in office, or not. Whilst there is a requirement for the debtor and the Trustee to take all reasonable steps to notify all creditors, it is not uncommon for people to have debts that they are unaware of. This is one of the reasons why the Register of Insolvencies exists.
The reality is, they should have been checking records such as the Register of Insolvencies more routinely and they could have contacted the Trustee at the time to submit a claim.
The exception is debts that were incurred by way of fraud. Provided:
1. The debt has not been treated as a fraudulent liability (you would have been interviewed under caution) AND
2. It was incurred prior to the date that you signed your Trust Deed
then your liability for it has been discharged courtesy of your Trust Deed. If it was a joint liability, the joint debtor's liability remains
I would recommend contacting your former Trustee and requesting a copy of your discharge certificate (Form 5) and sending this to the DWP
