It should be based on affordability above all else. If you cannot afford £50pm then tell them that and hopefully they will agree just to suspend payments altogether.

Hi fimac72 and welcome to the forum.

I'm sorry to hear about the difficulties your having with the slipped disk and the knock on impact this is having for you.

I was housebound recently for a few days and it as crazy as it sounds I was looking forward to returning to work and a routine.

In terms of your Trust Deed and the payments as Kevin has said it should come down to affordability. We normally fully suspend a clients payment unless they fell that they can still contribute some sort of reduced payment whilst their income has reduced. Normally thought this just isn't possible especially if you are only receiving SSP.

Have you made an offer to them regarding what you can afford to pay per month for the period that you are unable to work?

Do you have an idea when you think you might be able to return to work and recommence with your payments?

Hi

I had asked them when i was advising them of my position if they could suspend payments but they said they weren't allowed to do that on a Trust Deed

Everything should be based on affordability when it comes to the Trust Deed. If you're on SSP then you will be unable to afford just your normal living expenditure never mind a payment to the Trust Deed. I would like to think your Trustee would be a little more understanding.

I suspect that they are just trying to get what money they can out of you. Speak with them again and advise them that you cannot afford the payment and you would like for this to be suspended until you have returned to work.

Have you sent in a copy of your payslip and also your sick note from the doctor?

Welcome to the forum fimac72.

Do you have an idea of when you might be able to get back to work?

Hi, thanks for the replies, they said I could pay £50 per month while on sick leave. As I said I asked them if they could possibly suspend my payments but they said they can't. I really can't afford the £50. I had to find £100 to pay Nov & Dec but an error at my bank has meant it didn't go. They phoned me to say if they didn't get it immediately they would involve sheriff officers and they have really scared me. I have sent my sick line and letter from my employer confirming I am only in receipt of SSP. I have no idea how long I will be off for as I'm not getting any better, I have another hospital appointment in Monday, any advice is gratefully received.

Hi fimac72.

Is your trust deed due to run over three years?

Have you been told whether your currently reduced payments will be added back at the end of the trust deed term (i.e. the trust deed will be extended to catch up)?

Are you a homeowner? Do you own any other significant assets, like a car worth more than £3000 for example?

They can suspend your payments. Lots of firms do this when there is a catastrophic loss of income. If you need all of your current income to manage your basic living expenditure it is, in my opinion, ridiculous to ask you to make a payment.

What they seem to be saying is that it isn't their policy to allow clients to suspend payments. If that's the case there's probably not a great deal that you can do about it I'm afraid. You can make the £50 payment and struggle even more than you would be anyway. Or you could inform them that you cannot afford to make the £50 payment and therefore that you will not do so. It's then in their hands what happens next.

Could you let us know what the answers are to the three questions I asked at the start? It will help us to offer you further information that might be useful as you assess how to deal with this difficult and seemingly very unfair situation.

Hi, my trust deed is over 3 years, they haven't said if payments will be added at the end, I would be more than happy to do that. My car is 7 years old with 62k miles and has a cap value of less than £1k. I do own my home but mortgage and secured loan means no equity is available.
Thanks for the help
Kind regards

Hi fimac72.

When you say no equity is available in your home does that mean that you cannot access some equity that is there, or simply that there isn't any equity there?

Hi, there is no equity in my home. Mortgage is £120k approx, loan £25k value is £140k approx

In that case I wonder how credible the threat of involving sheriff officers really is fimac72?

What would they be hoping to gain?

I cannot tell you that it will not happen but, in the circumstances, there's a big question mark I think about this threat.

Even if your trust deed were to be terminated it appears on the basis of the information here that you could become bankrupt without any real threat to your home or car. You'd be discharged after a year. If you couldn't afford to you wouldn't be asked to make any payments.

Given the uncertainty about being able to return to work how do you feel about staying in a trust deed which might not currently have any firm ending date?

Hopefully some of our experts will contribute their thoughts on these subjects as well. They might see it differently to me.

I really appreciate your advice and I will attempt to contact them tomorrow (which is a job in itself) and see what I can sort out with them.

Many thanks

Hi fimac72,

I'm surprised that they are taking this hard lined stance towards you and your contribution given your circumstances at the moment.

Realistically there is nothing really that they can do that will really cause you much trouble. As you have clarified you don't have any assets that would be put at risk through non cooperation and by not making small token payments.

I suspect it may be an empty threat and just something they are saying to try and make you pay something.

As TDA has pointed out a worst case scenario would be if you were unable to contribute a suitable payment they could release you from the Trust Deed at which point you could consider Sequestration.

How are you managing to make your mortgage payments in the meantime, have you spoken to your mortgage company?

Give them a call tomorrow and be firm with your relationship manager, if need by ask to speak with a Manager or even your Trustee as your not happy at being asked for a contribution whilst on SSP.

I'd like to say a huge thank you to everyone for their advice

Warmest regards