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Overpaying

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(@beccaxoo)
New Member
Joined: 5 years ago
Posts: 2
Topic starter  

Good afternoon

I am looking for some advice and also want to point something out that may affect others.

I signed my trust deed March 2016, I lost my job the following February and had a ten month payment break until December 2017 when i got my new job.

At this time i started to pay my trust deed straight from my wages so i was unable to slip up and this suited me.

I got my yearly statement in April and i wasn't too happy with the numbers, i thought they were a month or 2 out with when i was due to finish paying. So i checked through all my payslips etc and found they were actually 5 months out. (at £151 a month £755).

I contacted them via email to ask why and the first person i contacted just sent me back my statement that i already had? after a LOT of back and forth they sent me a payment schedule which showed several missed payments that were incorrect. It actually had me down as having a payment break last summer for 3 months which i didn't discuss with anyone and I haven't stopped paying since i started paying from my wages.

I had to create a document and send payslips to prove that i had made the payments, and then they still kept getting it wrong so at this moment they still have me down as 1 payment short. I escalated this to a formal complaint but i just feel like i wasn't taken seriously the whole time. And they still haven't actually answered my concerns?

1. How can payments go missing?
2. Where did the agreed payment break come from?
3. How can this still be wrong when i have given you a full breakdown of all payments made.

This concerns me because if i didn't check i would have just kept paying, How many other people are out there having the same issue but don't notice as the yearly statement isn't that straight forward to understand. Where can it go from here?


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

Welcome to the forum beccaxoo.

It sounds like you've done the right thing by providing the evidence required to demonstrate that the payments have been deducted from your salary.

Insolvency practitioners generally manage client money very carefully, so it's apparent that something has gone quite wrong here. Hopefully your complaint will result in someone senior looking into this and locating the final payment.

If your complaint doesn't get resolved in a way you consider to be satisfactory, you can then take it to the regulatory professional body of which your trustee is a member.

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


   
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(@beccaxoo)
New Member
Joined: 5 years ago
Posts: 2
Topic starter  

Thank you for your response!

It is actually the Head of Operations who has been emailing me which makes things slightly more worrying.


   
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Paul McDougall
(@paul-mcdougall)
Member Moderator
Joined: 6 years ago
Posts: 164
 

I agree that is slightly concerning.

From a trustee point of view, they are required to hold funds in a special interest bearing trust account and are required to be able to easily identify funds for each client. For our cases, we have a separate account for each client that produce monthly bank statements for each account in operation.

in terms of complaining, you must give your trustee the right to respond and to investigate the matter. If you remain dissatisfied, you have the right to complaint to the trustee's regulatory body or alternatively, you may wish to involve the Accountant in Bankruptcy. The latter may investigate the complaint quicker and provide a direction to your trustee to comply.

I would also check with your employer to ensure payments were made monthly to the trustee office. We have had several instances whereby the employer has held onto payments and transferred over every few months.

We have also had issues whereby the employee thought they were paying the trustee but turned out they were paying another creditor through an arrestment schedule.

let us know how you get on - your trustee will keen to resolve this issue quickly

p

Recommended Partner & Trust Deed Expert - Ask me for help setting up a Scottish Trust Deed


   
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