Hi hooky15.

Where did you find this rejection for revocation?

Could you share a bit more information about it?

I found this letter hidden in my kitchen. What information would help?

Information such as who sent the letter, to who, and whether it fits in with your understanding of the trust deed dates.

Or does it perhaps refer to the debt arrangement scheme, or a DPP, rather than to a trust deed?

Hi, please excuse me,I unfortunately have very little knowledge of these things. I found out my wife has a unprotected trust deed which I know nothing about. it's a DPP letter, is this her trust deed. If not what is it? DAS administrator sent the letter.

Thank you. I was a little confused as well, this stuff isn't straightforward.

Here's my guess about what's happened:

1: Your wife was in the Debt Arrangement Scheme. This is a different type of debt arrangement to a trust deed and has no ramifications for assets.

2: There's been some sort of problem with the DAS and someone wanted it to end.

3: The DAS Administrator decided it shouldn't end.

4: Your wife signed a trust deed. I believe this has the effect of bringing the DAS to an end.

So... if I'm right (and I'm speculating a bit) this letter doesn't mean that you have an extra problem. However I'm afraid that you'll still be facing the original problem that was identified in your previous thread.

Thank you. What I don't understand is, the trust deed was taken out in 2011. However, this DPP letter is only dated last month.
Could my wife have taken out more debt on top of her trust deed?

Thanks

I don't think it's possible to have a trust deed and then enter DAS while it still exists.

Perhaps the unprotected trust deed no longer exists and there is or was a DAS in place after?

I'm afraid I'm speculating again and am a bit confused. One of the other experts might spot something that I'm missing.

Have you spoken to your wife's trustee as yet?

Should I personally do this. Or does it have to be my solicitor?
My solicitor found out my wife had a trust deed. I then found it in the Edinburgh gazette. However, I could not locate her on the protected trust deed register. Someone suggested this was because it wasn't protected. I then found this letter. I can't get my head round this I'm afraid.
Thanks

I'm wondering if the trust deed doesn't exist now. It's possible for a trust deed to fail to become protected and then to use DAS instead.

If that's true it could be good news for you.

I think either you or your solicitor could contact the trustee that is or was involved to find out what happened.

If it was me I'd probably make the call at 9am tomorrow!

Thank you very much for you time.

One last thing, could you please explain why this would be a better option?
What would the consequences be for her not keeping up with the payments if her debt plan?

If there's no trust deed there's no immediate threat of having to sell the home to realise your wife's share of the equity.

If the DAS failed that doesn't pose any immediate threat to the home either.

The potential issue would be that your wife, and therefore her assets, would be exposed to creditor actions again.

Best to speak to the trustee though so you're sure about the course of events and more certain about the current status.

I think you are right, trust deed assistant. It sounds like she signed a trust deed which didn't become protected, so went into a DAS DPP instead. A creditor must have requested that the DPP be revoked for some reason (presumably she missed some payments) but this revocation request has been rejected, hence the letter. She presumably managed to persuade them to give her another chance, or caught up on her arrears.

I imagine the original trustee in the trust deed sought their own discharge once it didn't become protected, so the house would be safe in this regard. However it might be worth calling the trustee to check this (the Gazette notice will tell you who the trustee was).

As long as a DAS DPP is in place then the house is safe as your wife is repaying her debts and has protection from legal action at the same time. You might want to search the DAS register online to check that she is indeed still in the programme.

Thankyou for your reply,

I am getting nowhere here. I have phoned the creditor. However, they will not giveme any information.

She has been mentioned in Edinburgh Gazette. However, she is not on teh registor as having a trust deed.

She does not appear to be on the DPP register. I have checked. However, I have a rejection for revocation of your debt letter.

Where can I go now :0(