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Overpayment on Trust Deed

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

It's not going anywhere then trustedhibee.

Once you've paid in a sum totaling the debts, fees, and interest, your trust deed will be brought to an end.

This is the way that your trust deed can end early.

What seems bad at the moment might actually bring you some advantages further down the line.

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


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

Hi trustedhibee.

You asked about how wage arrestments work. To call it this in relation to Protected Trust Deeds is probably not helpful to you, as it is not the same as normal wage arrestment.

Captain Sensible refers to limits on how much can be deducted, but this actually relates to an arrestment under the Debtors Scotland Act 1987 - the most common type of wage arrestment - often carried out by local authorities for council tax arrears.

However, in relation to a Protected Trust Deed the deductions are not bound by the same restrictions and would be set at whatever the Trustee has worked out as being affordable using the guidelines set out under Regulations. If this process suggests that you can afford ยฃ538 then I'm afraid this amount could be required to be paid directly by your employer to your Trustee.

I can fully understand that it may not seem fair to you, but it should have been made clear when you signed the Trust Deed that you have to pay whatever you can afford for the next 4 years and it is only when the debts and interest and trustee's fees and outlays are covered in full that the Trust Deed can be brought to a close earlier than that.

I realise this is probably of no comfort to you, but the firm I work for would not take your case on as a Trust Deed in the first place due to the low debt level and therefore high risk that this problem might occur. DAS would be suggested as being likely to be the most appropriate route instead.

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


   
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