I would be getting my lump sum and pension date post dated, and, any cheque the same and chuck it in a drawer for 8 months and the less people you tell about this the better mate, or open an account with your credit union with a fiver a month then open a current account with them for your hard earned pension to go into
Pict
I now have the ability to apply for a lump sum from my pension this could vary between £20000 to £40000 depending I f I opted for reduced pension when I finally retire, could I use Part of this money to seek an early discharge on the basis that I would be paying more than I would pay if I did not take my lump sum but let the trust deed run its full length..
Welcome to the trust deed forum Toddy.
The answer is that you quite probably could if the arrangements made good commercial sense for your creditors.
If this is how you'd like to proceed I'd contact your trust deed firm to raise the idea and make your proposal.
I wouldn't draw any money until a deal is (hopefully) agreed and you have confirmation of the details in writing.
Tda-regarding Pension lump sum ,could I be forced to apply for lump sum?
Further to my previous reply as Toddy I applied and received. An agreement from my trustee for £20000 to end my trust deed,but when I received my lump sum because it was £47000 the trustee have asked for the whole amount even though I believe my wife would be entitled to Fifty percent of the lump and over fifty percent of my lump sum was obtained by commuting my annual pension for a smaller amount so effectively it is only my. Future pension received early. Can anybody advise?
I think you should seek legal help over this Toddy. As indicated in previous posts on this thread, the situation regarding a trustee's rights in this circumstance are far from cut and dried, so I think if you were to put up a fight you may find the trustee backs down, at least to some degree.
There was actually a court case down in England recently testing a very similar question. The Court came down on the side of the trustee I'm afraid - however this is now subject to appeal, and relates to an English bankruptcy anyway, not a Scottish Trust Deed.