Hi I'm paying off my TD early and was given an Anticipated Outcome Statement in November which detailed fees, estimated creditors claims etc. I've just received a letter from trustee stating they're ready to start processing the closure of trust deed as all they were waiting on was creditors final claims figure. They've enclosed another Anticipated Outcome Statement creditors claims figure is exact same as one back in November but SIP 9 has increased by £1500 all in fees are £7000 & statutory interest has also increased by £520. I dont understand why this has increased when supposedly it was just creditors claims we were waiting on? I would be grateful for any advice and information regarding this as I dont understand what SIP 9 is. I'm also looking to put in a complaint as when I signed TD I wasn't told about other options available or what closing a TD entailed. When I signed paperwork I was told fees would be £2500 not once wa or explained to me that fees would increase if TD paid off early. Would anyone be able to recommend a solicitor who has experience with TD's. Thank you in advance for any help & advice.
Hi Hf1998.
Interest will inevitably build up as time continues.
Regards the fees of your trustee, you're perfectly entitled to request a full breakdown from them and judge whether it is reasonable from that document.
I note from a previous thread that you acknowledge signing paperwork at the start of the trust deed which said that the fees might be more than £2500. This might make arguing this point difficult for you. In writing this I am not disputing your position that you were verbally told otherwise.
You do of course have the right to consult a solicitor and/or to make a complaint. If you contact a solicitor, making sure that they have a specialism in insolvency would be my suggestion. This sort of thing will usually be mentioned in solicitor profiles on their websites.
Please remember that a complaint and/or trustee liaison with a solicitor prior to your formal discharge could potentially slow down the completion of your trust deed and/or lead your trustee to spend additional time on your case for which further fees might accrue that you'll end up paying for.
Thank you TDA for your reply. Both the Anticipated Outcomre Statements have the same date on them so surely if fees and interest increases the second statement should have a different date. When I discussed paying my TD off early with the advisor and told him to go ahead with it he sent me the statement and told me they were only waiting on creditors claims which would change the final figure. I was also told at the meeting which I have a witness too that the trustee could reduce the £2500 to £1500 as paying off TD over 3 years early. Yet again I wish I had never got involved with a trust deed I feel the company are out to make as much money as they possibly can in fees. If I had went down the route of a Debt Management Plan or dealt with my creditors on my own I would never have incurred £7000 in fees. I feel I did not receive the appropriate advice and information to help me make an informed decision on what I could have did to deal with my debt. I still intend to pay TD off but still want legal advice and also want to make a formal complaint. If the trustee released me from the TD and I had the opportunity to deal with creditors on my own I would not even incurr £7000 of interest on my debts.
Both statements state SIP 9 to 18/11/16...
I've to make an appointment to see trustee anyway so I'll hopefully get all my questions answered then. Thanks for your advice
TDA I forgot to say when I was informed of how much the fees would be I was told verbally they would be £2500 and this comes out of the paid contributions over the 4 years, I was never told verbally the fees could potentially be more, I know this is probably included in the paperwork but at the time I never read it I trusted what the advisor was telling me and didn't think to ask other questions, I just signed it. When someone is telling u fees are a certain amount you assume that's what the final fees will be. Maybe these companies should also take more responsibility and fully explain to people what happens if your circumstances change. I'd like to highlight to people considering a trust deed to be really careful of which company they go with & to fully research if they have any other options available to them.
Hi Hf1998.
Of course we'd totally agree with you that people should be fully verbally informed, and that the written information should match up to what is said verbally.
We've also always advocated that people choose a firm very thoughtfully and carefully. It can make a big difference.
I do hope that your meeting helps to bring everything to a fair conclusion for all parties.
Thank you TDA for information