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questions about my new TD

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(@kdog7)
Trusted Member
Joined: 12 years ago
Posts: 99
Topic starter  

Having just signed the TD a few weeks ago I am waiting on it being protected. I do not think it will however due to the nature of debts being run up by gambling over 4 years with big wins and loses, some recently. I eventually seen a counselor just recently and contacted debt charity for advice on a DAS, next thing I know I got put onto an IP by them and signed a TD. Happened very quickly however the IP stated that if it fails he will sequestrate me. I have never missed a payment to my debtors ever but got to breaking point.

I have just been reading about sequestration and BRO etc. I think I have got myself quite worried. I am looking at what assets they can take. I am currently living at home again for a while due to finances. I have no major assets, no house or car but am worried it may affect items in parents house.

The only things I own are my TV, bed, Mobile phone and PC. My PC is needed for University work as I am a PT student. If it does come to pass the TD is refused what can I expect and will I be appointed a new IP or will the one I have my TD with continue as I am set to Pay them £300 every month.?



   
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Rob Hardie
(@rob-hardie)
Estimable Member
Joined: 13 years ago
Posts: 196
 

Hi there kdog7

In short the assets you mention there are extremely unlikely to be of interest I the Trustee. Certainly the laptop is classed as educational.

Should the TD fail to become protected, your current Trustee is entitled to petition for your sequestration, using the TD failure as grounds for the petition and entry to sequestration. The will likely consent to be your trustee and there is no requirement in this process for creditor concurrence, thus allowing you to deal with the debt in a similar way as proposed in the TD. You will be expected to make contributions argue same level over a period of 3 years. Any assets are dealt with in the same manner.


Rob is not currently posting in the Trust-Deed.co.uk forum.


   
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(@kdog7)
Trusted Member
Joined: 12 years ago
Posts: 99
Topic starter  

Thanks Rob

Apart from some sports equipment also such as golf clubs etc I really don`t have much else. Just having thoughts of people appearing at the door looking to take things away.



   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

That won't happen kdog7. You would be asked to fill in a form regarding any assets that you own, but those you mention would not be at risk and nor would anything that belongs to your parents.

By the way, DAS may still be an option in this circumstance if you didn't wish to go bankrupt.


Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi kdog7

It actually quite a common perception, however sequestration pretty much runs the same a the trust deed in terms of assets, so there should be no worries there.

I don't think the nature of how the debts were incurred will have a bearing on it becoming protected and would think the trustee would need to be very confident it was achievable before putting it forward.

Keep us posted on how it goes, but I'm sure it will be fine.

Mark


Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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David Tannock
(@david-tannock)
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Joined: 12 years ago
Posts: 2581
 

Hi kdog7,

I just wanted to chip in my thoughts along with the others and agree that the assets you refer to will not be at risk and I would think it's unlikely that your Trust Deed will not become protected due to the nature of the debts.

As Mark said, sequestration runs pretty much the same as a TD and for someone in your situation it shouldn't make much difference. When you graduate are you looking to work within the finance sector? Sometimes a TD/Sequestration can have an impact on your employment prospects etc.

Good luck but I'm sure you won't need it. Let us know how things go and if your Trust Deed does become protected.


David is not currently posting in the Trust-Deed.co.uk forum


   
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(@kdog7)
Trusted Member
Joined: 12 years ago
Posts: 99
Topic starter  

Thank you guys. Thats a bit of weight of my mind. I have already graduated 5 years ago and work in the medical profession with NHS. I have just returned part time to do a post graduate. I don't think I will have any plans in the future to work in the financial sector. My main worry was a BRO and people coming to the door. I imagine it should be ok.



   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi kdog7

I wouldn't worry too much about these things. Your Trustee should be able to put your mind at rest and at least advise you which creditors have submitted claims and agreed to the trust deed.

The Trust Deed works to a criteria which any decent firm will know. As long as the criteria is met within the proposal, then the acceptance of the trust deed should follow.

Mark


Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@kdog7)
Trusted Member
Joined: 12 years ago
Posts: 99
Topic starter  

Thanks guys for all your help. This forum certainly seems like a good place for peace of mind. I did get a letter from my CC company today increasing my CC limit by another £3k. They must not know of yet that I have signed as it was dated 5 days after publication. I do wonder where they got to the point of not offering anymore credit. Its past irresponsible and now bordering on the ludicrous how much they keep throwing at me. If they audited my accounts they would easily see how irresponsible I have been through gambling transactions yet they keep giving.



   
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