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Scottish Trust Deed Forum
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Topic starter
25/03/2022 10:17 am
Hi
I entered into a PTD through Wilson Andrews with the first weekly payment of £27.92 being made on 3rd January 2020.
13 payments were made (totalling £363) before covid led to my furlough and my husbands redundancy. My husband made £K6 from employment in the year to March 2021 due to unemployment and a leg being in plaster cast for 6 months.
I submitted annual reviews as requested by Wilson Andrews showing zero or -ve surplus. Communications very poor from Wilson Andrews.
This reversal of surplus being due to my furlough, my husbands financial position and accrued arrears of RENT £1400, Electricity £1400 Council Tax £500 and an Universal credit payment of £800.
I was then advised that Carrington Dean were taking over my case.
Months passed before CD requested payment of the original £27.92 commencing March 25th.
I queried this without an annual review and have just received communication that I would have to address the £447 arrears before an annual review takes place.
I have advised them that I will be contacting the AIB as I do not agree with there assessment.
My husband has been unemployed again since Feb 1 20021.
I am 61 and feel that this could drag on until retirement.
Can I apply for bankruptcy? Any advice will be appreciated.
Thanks
25/03/2022 2:47 pm
Hi AITCH61, welcome to the forum.
I'm very surprised to hear that your new Trustee are refusing to review your payments until the "arrears" are cleared and wonder if this might partly be caused by the fact your case was transferred to them and they haven't received the full picture from the original Trustee?
It doesn't really make sense - how can you challenge whether there should be arrears without them reviewing what amounts should have been paid and were affordable during that period? If you have provided the required information and evidence to your Trustee all along to show that a payment wasn't affordable then there shouldn't be any arrears to pay.
I'm afraid you cannot apply for bankruptcy while you are in a Protected Trust Deed. However, your trustee may be willing to terminate the trust deed, in which case that option will become open to you. It seems unfair and unnecessary to restart a 4-year period of insolvency when you should already be half way through it though, so I think you should fight your corner with your Trustee first.
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