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missing a payment

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 fred
(@fred)
Active Member
Joined: 14 years ago
Posts: 19
Topic starter  

hi all, would really appreciate some advise regarding my trust deed.

my car has recently broken down and is going to cost quite a lot to be repaired. i do not have a spare penny after i pay my monthly cont to my td, my living expenses and all my other bills. i have been in touch with my ip and they are not allowing me to miss a payment in order for me to get my car fixed. i need the car as i have two small children and also need it to get to work (i work nightshift over the weekend, therefore busses are not an option)

was wondering what would happen if i cancelled the dd for 1 month. would my ip be able to apply for my sequestration if i done this. i would start the dd straight back up again for the beginning of december.


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

Sounds like your trustee is being a bit unreasonable, fred. It is always a risky strategy to miss payments without the consent of your trustee however. I very much doubt that they would apply for your sequestration after 1 missed payment, but technically I suppose they could.

I think it might be worth trying to reason with them again and maybe you will get someone a little more sympathetic. If you spell it out to them that you will not be able to travel to work and therefore not be able to earn a wage in order to pay the contributions then hopefully they will see sense.

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


   
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Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Hi Fred

I agree with Kevin - your Trustee is being very unreasonable. Things happen in life that you cannot predict, and a Trust Deed is meant to have a degree of flexibilty. I would ask to speak to someone else, and explain that you cannot help this. Why don't you tell the Trustee that you would be able to provide a receipt from the garage to prove the money was spent on your car - worth a shot.

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


   
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(@jazza374)
Active Member
Joined: 14 years ago
Posts: 11
 

I find this strange. Over the course of my 36 months I missed at least 4 payments, all with the blessing of my trustee and the trust deed simply extended for four months to make up for this.


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

Hi jazza374.

I think everyone reading this thread would agree.

Most trust deed firms understand that there are occasions where something unusual comes up and a bit of flexibility needs to be shown. You can see that from Kevin and Shonas comments along with your own experience.

It does once again point to the fact that a trust deed shouldn't be seen as a "product" to be sourced/bought from any firm that handles them. The choice of the firm is very important (though I appreciate that it's hard to weigh this all up in advance).

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


   
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(@tinsoldier)
Honorable Member
Joined: 14 years ago
Posts: 634
 

If you need your car for work and need to work to pay your monthly contributions i really cannot see why the trustee cannot be flexible on this.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi all

It works like a loop. You need the car, to go to work, to earn money, to pay the contribution.

I see no reason why a payment can't be missed as long as you are able to provide a copy of the garage receipt.

It does appear some IP firms are unnecessarily fussy/unreasonable when common sense should prevail.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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