Hi, I have had my Trust Deed around a year and a half. I originally agreed to pay £178 a month over 5 years. However my income has now gone up around 7k per year since then. I completed my first Annual Review in January and it took them until yesterday to get back to me, which is a long time. I obviously expected my payments to go up and I was willing to pay £600 a month as I thought it would clear my debt quicker. After speaking to them today they told me this was not the case and I would still be making payments for 5 years. 60 payments at 178 would be £10,680. They said I had made 19 payments so far totalling £3,382. I wrongly assumed I would then just owe the 10,680 less the payments I made so far so by paying £600 I would be clear in just over a year. I knew they obviously got money for the administration of the Trust Deed but thought that was already incorporated into my monthly payments. She then said their fees were over £6000 which shocked me. She said as my circumstances have changed I will now pay what I originally owed which was £13,574, plus their fees and anything else that gets added on. I thought the point of a Trust Deed was to help people clear debt, instead of paying thousands of pounds interest to my Visa company I am just paying it to Trust Deed company instead. I feel I would have been better negotiating with my creditors myself than go through this. I am being penalised for furthering my career. I am more than happy to pay what I owe but to pay what they are suggesting seems crazy. I work a very stressful job and to have no reward at the end of the month for another 41 months is soul destroying. This should be made clear to people at the the start of their Trust Deed. Is there any limit to the amount they can take off me and charge as fees? If I have to make 41 payments at £600 a month that's another £24,600 on top of what I have already paid. Surely this can't be right? Any advice would be appreciated. I have worked really hard to get myself back in a stable position and feel they are knocking me back down to the point I am thinking should I continue in my job.
Hello smithlouise161 and welcome.
If your circumstances improve during a trust deed, or you receive a lump sum, it is possible that you end up repaying more than the original debt total. Only debts that you cannot afford to repay end up being written-off by a trust deed.
The most that you should have to pay will be the sum of:
1 - The original debt total.
2 - Interest on those debts.
3 - The fees and costs of your trustee.
I'm not sure that the point of a trust deed is specifically to help people clear debt - though I appreciate how people might form that view given some of the advertising that's out there. The purpose (as I understand it) is to create a compromise whereby a debtor that does not expect to be able to fully repay their debts offers to pay what they can to their creditors. The creditors, in return, agree to write off anything that the debtor subsequently cannot repay.
As such, if circumstances improve, the creditors might be fully repaid and receive interest (as they would have also according to the original credit agreements made). If it becomes affordable for the debtor, the creditors would also not expect to bear the cost of the trustee fees (which would fall on the debtor).
Trustee fees can seem very high - but you should have been made aware of these in the paperwork that you signed at the start.
Can I ask how much your debts were when you signed your trust deed?
This might help us to give you a sense of whether an earlier finish might be possible for you given that you've been so successful in increasing your earnings.
Hi thank you for your reply. None of this was ever explained to me at the start of the Trust Deed, it was all done over the phone. I was in a desperate situation at the time and just wanted it all dealt with quickly, something I am now regretting.
As mentioned above my debts were £13,574 when I signed the Trust Deed but that included over £1000 for any unaccounted for debts.
Thanks.
Sorry smithlouise161, I just noticed that you supplied the debt figure already (£13574).
So the total that you might end up paying would be £13574 plus fees (£6000) plus interest (which will depend on how long things run for).
Excluding the interest for now - £20000 (debts plus fees) minus £3400 (money paid already) = £16600 remaining. At £600 per month that would be cleared in another 28 months.
With interest to be added it doesn't look like much of a reduction in the overall term of 60 months is likely I'm afraid.
Does your trust deed provider agree that £600 per month is now the appropriate payment level after your pay increase?
Oh really, that's not what I wanted to hear but lesson learned, I wont rush into things in the future without knowing all the facts. I would have been better without Trust Deed then as I now have an extra £6000 to pay on top of original debt and interest.
The letter I got was asking for an extra £62 a month from me, but since January my salary has increased again as I move up a pay scale each April. Also I no longer have a car so my expenditure is a lot lower. I gave them a call to update them and they anticipated my monthly payments to be over £450 a month but would need to confirm once I sent them the requested documents.
I am now eligible to join my company pension scheme, is this allowed as monthly expenditure item and if so is there a limit?
Many Thanks
L
Hi again.
Your trustee may allow a modest level of pension saving, not least because your creditors currently stand to receive a much higher dividend than originally expected. I'd discuss this directly with your trustee.
In terms of the wider question you originally asked, I'm sorry I couldn't give you more welcome news but I hope it helps you to understand why things are being presented to you as they have been.
Thank you for your help.