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rent arrears

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(@bankiedonnie)
Eminent Member
Joined: 14 years ago
Posts: 29
Topic starter  

hi there, i have the above and want to know can i include these in my trust deed? i was advised to pay them something but they arent being fair with me and wonder can i now include them? have been in trust deed for about a year. my wife is also bankrupt is this another way i couldnt pay them as she is sequestrated? finally where do i stand legally and lawfully if i stop paying my arrears. thank you.

bankies till i die!


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

Welcome bankiedonnie.

When are these rent arrears from?

Also, could you tell us what kind of tenancy you have please (for example private, housing association etc)?

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


   
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(@bankiedonnie)
Eminent Member
Joined: 14 years ago
Posts: 29
Topic starter  

hi there they are from the last couple of years. say about 800 b4 trust deed started and about 400 after. it is a housing association tenancy. thanks.

bankies till i die!


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

Hi bankiedonnie,

Click the following link for some interesting insight on this from Porcupine (who works for a Housing Association) and Kevin.

http://www.trust-deed.co.uk/forum/topic.asp?TOPIC_ID=1562

You may be able to add the arrears that arose prior to signing a trust deed into it. But it looks like you need to be pretty careful about it.

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


   
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(@bankiedonnie)
Eminent Member
Joined: 14 years ago
Posts: 29
Topic starter  

thats great, many thanks for your info.

bankies till i die!


   
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(@bankiedonnie)
Eminent Member
Joined: 14 years ago
Posts: 29
Topic starter  

hi there,been in touch with my housing association who have gave me rent arrears amount b4 i signed trust deed.will i deffo be able to include this in my trust deed? i am with rsm tenon. thanks.

bankies till i die!


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

Hi bankiedonnie.

I don't think we can tell you that, you'll need to communicate with your housing association or ask your trust deed firm to do so for you.

It may well be OK, but being careful makes sense.

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


   
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(@saabrina)
Estimable Member
Joined: 14 years ago
Posts: 148
 

Hi Bankidonnie

The link that TDA posted was to my question, similar to your own.

I went to see my housing officer, was up front and told her the situation I was in. I chose to pay the arrears which had arisen prior to my Trust Deed. She was very understanding and helpful, also appreciated my honesty with regards to my situation. My arrears will be clear by the end of this year as I only pay a small amount each month, but she was happy to accept a small extra amount as long as rent is kept up to date each month.

Saabrina


   
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(@porcupine)
Estimable Member
Joined: 15 years ago
Posts: 206
 

Saabrina.....

Your Housing Officer has simply chanced her luck, it is clear that we cannot pursue arrears accrued prior to date of sequestration or PTD being granted, this come from both our in house legal team and AIB.......

I don't think your other creditors would appreciate that one is getting all the money owed to them back, whilst they only receive a percentage...


   
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(@saabrina)
Estimable Member
Joined: 14 years ago
Posts: 148
 

Porcupine,
TDA said that rent arrears should be a priority for repayment in case it posed a threat to me losing my home and the housing officer said she'd never even heard of a trust deed.

Do mortgage companies right off arrears prior to TD being signed?

Saabrina


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

Hi.

I was really referring to Kevin's comments in the linked thread. Seems like all likely to be OK but best to be sure. It does seem like most social landlords will help, but still I'd want to be certain.

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


   
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(@bankiedonnie)
Eminent Member
Joined: 14 years ago
Posts: 29
Topic starter  

hi all, many thanks for your replies,will weigh up all your helpful info before progressing.although porcupine has gave me good info from a housing association view.thanks again.

bankies till i die!


   
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Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Hi

arrears for mortgage will not go into a Trust Deed, but this is because it is secured debt which cannot go into a Trust Deed. I would think you arrears should go into the Trust Deed, but not all housing associations are the same, so check with the housing association to be safe.

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


   
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