Welcome to the forum Trojan38.

If you want to push back a little, I'd assume that the rules in force at the time you signed would be relevant here, rather than any changes since made.

However, if your salary has risen but your expenses have not, some kind of payment increase may be appropriate.

Thanks for the welcome. Do you mean my review should be based upon what i agreed in the beginning rather than recent legislation changes!? Thanks.

Hi again.

Yes; usually the rules in force when you signed will apply.

David or Kevin will correct me when they next visit the forum if my assumption in this case is incorrect.

Thanks for reply. Will look forward to their input. If any further information or figures required then I am happy to give this if it will help clarify my situation. Cheers

Hi Trojan38,

When the new legislation for Trust Deeds came in 2013 it confirmed that the full surplus amount needs to be paid over into the Trust Deed for the benefit of creditors. This isn’t something that is due to new legislation, it’s been like that since November 2013.

If as you said none of your bills have changed but your income has increased by £100 then this should be the amount in which your payments are increased by and not by £200. As it said it’s all down to affordability and what your surplus income is so it should always be affordable. Do you feel you can afford an increase in payment?

The best thing to do is to complete a full income and expenditure along with a covering email / letter explaining your concerns and send this to your Trustee to review. If you feel you can’t afford any increase you need to demonstrate why. If you can do this then you shouldn’t have a problem.

Let us know how you get on when you contact your Trustee again.

It seems as though the "legislation has changed recently" comment mentioned above (made from the trustee's office) is a bit of a red herring here.

They told me it was changed last year...the legislation. I always get the feeling no one fully knows what they are doing when i call them. No consistency. I appreciate all the input here guys. It is helping. As far as red herring you mean that is made up!?

Hi Trojan38.

What I meant really is that the legislation apparently changed before your trust deed began, so any comment regarding a change of legislation doesn't appear to be relevant.

To put it another way, the rules applicable to your trust deed don't appear to be any different to the current situation.

This probably does mean that your full disposable income will need to be paid over though, which may have increased if your pay has increased.

The question perhaps is whether your current bills and reasonable expenses have been fully accounted for.

Thabks for reply. This forum is really good. I will check my outgoings list and see if im going wrong somewhere. My confusion comes from the fact my bills etc are all almost exactly the same from start of TD until now. My payment to TD has been same for 3 years but this year has jumped considerably with only real diff being the slight wage increase. Payment has been 180 per month and now nearer 400. Im still bit confused im afraid.

I can see why you're confused.

Why not ask them to provide you with a list of the expenditure from last year, and the new list they're proposing to use this year?

That might help you to identify why things aren't as you expected and also to correct any errors that might be in there.

Good idea. Will try this and see what happens. I get the feeling they have done something wrong the last couple of years. Cheers again.

It sounds like they may have been asking you to pay less than you should have for the first 3 years Trojan38.

The question is can you afford what they are asking for now, not why has it gone up so much. If yes then just be thankful you weren't paying more earlier. if no, then you need to get the breakdown and see where there figures differ from reality.

Thanks for your input Kevin. Appreciated. Do you guys know why now i recently checked my original TD docs i seem to have been given 54 month TD instead of 48 months as initially agreed!? I was under the impression it should have been 48 months. Seems strange. Cheers

P.s. if i have been paying less than supposed to for first 3yrs it wont affect my TD in anyway!? Looking forward to finishing it and moving on. Thanks