Redundancy at the e...
 
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Redundancy at the end of my Trust Deed

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(@gordo_ss)
New Member
Joined: 11 years ago
Posts: 4
Topic starter  

Guys bit of a situation here with the timings of this.

I started my trust deed agreeing 42 payments 3 years and 3 months ago so I've got 3 payments left. I've just found out that I'm being made redundant at either the end of September or the end of November (I do have a say in which one it is)

I am obviously looking to keep my redundancy money so I'm looking for guidance to see that if I pay my final 3 months of payments on the 1st September and begin the signing off process, will I be able to keep any redundancy if it was paid to me at he end of September?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Welcome to the forum Gordo_ss.

Your trustee will not necessarily be prepared to discharge you before the end of the term agreed at the start. It's a question to ask them to see where they stand on this.

Only if you've actually been discharged will you be able to keep any extra payment from your employer. The "statutory" element should be yours either way.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@gordo_ss)
New Member
Joined: 11 years ago
Posts: 4
Topic starter  

At the time of signing I remember being told that after the 36 month period I could pay the rest off if I wanted.

Let's say they do agree, and we start the discharge process and during this I receive a payment - can they claim that?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi again.

Until you're actually discharged this would normally be a sum that your trustee would be obligated to collect for the benefit of your creditors.

Benefitting from such lump sums is part of your proposal that your creditors originally consented to.

Best to speak to your trustee about the possible discharge timetable I think.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Are you expecting to receive more than the statutory amount, Gordo?

Your Trustee is under an obligation to gather in whatever is available for creditors, which could include some of the redundancy money.

Your own discharge can be done pretty quickly once you have paid your last payment, so worth a try to get it paid asap and push your trustee for your discharge straightaway.

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


   
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(@gordo_ss)
New Member
Joined: 11 years ago
Posts: 4
Topic starter  

They've not told us yet.

I have the chance though to stay on for a further 2 months so I may be better taking that so that the dates definitely don't overlap.


   
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(@firewalker)
Reputable Member
Joined: 13 years ago
Posts: 440
 

Hi Gordo

Has your Trustee cleared up any question about PPI?
If not, it may be worth including that in your enquiry with him/her. Some Trustees (including mine) would not discharge until PPI was finalised. My Trustee could have due to the date of signing, however, his policy was not to discharge until all PPI claims were clarified.

Sorry to hear that your job will be made redundant. I hope you find something better soon.


   
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(@gordo_ss)
New Member
Joined: 11 years ago
Posts: 4
Topic starter  

Hi FW

They told me that they would discharge me even although they were still dealing with my PPI?

Does that sound right?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi Gordo_ss.

Discharging someone while the PPI work continues is very common.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

As long as you are discharged then the Trustee would have no claim on any subsequent redundancy money, even if they are still in office dealing with PPI.

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


   
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