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Separating Loan from Mortgage

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(@delboy69)
Eminent Member
Joined: 12 years ago
Posts: 48
Topic starter  

Hi folks

Trust Deed went in Gazette on 1st November and is now showing Protected on ROI as of yesterday. Big Relief!

Just a quick query.

Part of my TD is an unsecured loan with Birmingham Midshires that was paid along with Mortgage as the one Direct Debit (Mortgage Plus i think it was called) and it would come off account around 26th of the month.

The full amount (mortgage + loan) came off on November 26 as i fully expected. I just wondered how quickly the loan part of DD will be removed now that my TD is protected.

Is this normally done fairly quickly or can it be a longer process for Trustee to sort?

Derek


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

Once you signed the deed you should not have made any further payment to the loan.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hi Delboy69.

You shouldn't be paying the unsecured element of this loan any longer.

Have you agreed with your trustee that they'll deal with changing the direct debit with Birmingham Midshires?

Have you had any communication with the lender on this subject?

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


   
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(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

Get in touch with the mortgage provider to set up the direct debit for the mortgage amount only, dont rely on anyone else getting it right.

Paul

Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


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

Your trustee should be able to help with this if Birmingham Midshires prove difficult to deal with, Delboy

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


   
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(@delboy69)
Eminent Member
Joined: 12 years ago
Posts: 48
Topic starter  

Hi Guys

I haven't had any communication from lender on issue.

I did speak to agent for Trustee previously and they mentioned that they would sort out issue. I'm inclined to contact lender myself now though.


   
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(@pingpong)
Estimable Member
Joined: 13 years ago
Posts: 128
 

I had something similar and cancelled my DD and call each month to pay by card (visa debit) until i got a letter from the lender confirming the amount on a new DD mandate. Pain but at least no breach of my obligations of the trust deed


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hi Delboy69.

In your shoes I'd do it myself.

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


   
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(@delboy69)
Eminent Member
Joined: 12 years ago
Posts: 48
Topic starter  

Just contacted Birmingham Midshires and after eventually getting put through to their collections dept, they told me they haven't received any communication regarding Trust Deed.

This would probably be right as i then contacted Trustee and they told me that they sent all relevant documents to The Insolvency Exhange (TIX), as they deal with all Birmingham Midshires Trust Deed queries.

Should this TIX not have informed Birmingham Midshires with respect to removing the loan from DD?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

They should keep Birmingham Midshires up to date with what's happening with your trust deed Delboy69.

Whether Birmingham Midshires then act, or act soon enough, to change your direct debit is a different matter.

Did they agree to amend the direct debit?

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


   
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(@delboy69)
Eminent Member
Joined: 12 years ago
Posts: 48
Topic starter  

After being passed back and forth by them (main service desk, collections etc)I gave up before i could get round to trying to change DD.

Given that they say there are no notes on mortgage account regarding any word from TIX about Trust Deed,would they still let me change DD and start defaulting on the loan? Or do they normally refuse without word at their end?

The worrying thing is that all the agents i spoke to had idea who TIX were!


   
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Michael McGowan
(@michael-mcgowan)
Eminent Member
Joined: 14 years ago
Posts: 48
 

HI Dellboy

well done in getting your TD protected.

If i was you i would go into your bank cancel the DD for the mortgage amount and loan. Then set up another one for the amount that the mortgage is for. That way you won't get hit with this amount again. i would also contact the Trustee to get the loan amount repaid back into your account.

Michael

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


   
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(@delboy69)
Eminent Member
Joined: 12 years ago
Posts: 48
Topic starter  

Thanks Michael

I will definately be cancelling the Direct Debit when i get home.

I'm just astounded that this TIX haven't contacted Birmingham Midshires, or if they have that it hasn't been noted on my account.

And surely most agents working for a mortgage company should be aware of TIX. They must get a significant number of calls from people in the various types of insolvency.


   
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Michael McGowan
(@michael-mcgowan)
Eminent Member
Joined: 14 years ago
Posts: 48
 

Hi Dellboy

They will have heard and dealt with Tix Its just the timescales and the time its probably taken them to get out the letters.

Good Luck

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


   
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(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

Its the usual case of the info being slowly passed around to the correct department at each creditor.

Great news that you are all protected.

Paul

Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


   
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