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Sequestration help 😰

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(@corsadavid)
Active Member
Joined: 10 years ago
Posts: 6
Topic starter  

I started my sequestration in May 2012

I've since learned that the repayment term is now on 4 years does that apply to taking one out years previously

I've had 37 payments taken from me, I've disclosed everything that has been asked if me and paid what they've wanted to take
I was told it was cease after 36 months

I was planning on taking my daughter away for a few days in the sun as she's endured what has gone on and now I was looking at starting again but now I have no idea what's going on
I can't talk to insolvency group until they open Monday , tearing y hair out

Any help needed please


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

Welcome to the forum Corsadavid.

The repayment term has increased, but only very recently.

It isn't retrospective so it sounds very much like you're finished.

It also sounds like you might be due a payment being returned to you.

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


   
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(@corsadavid)
Active Member
Joined: 10 years ago
Posts: 6
Topic starter  

I started payments in May 2012 so would these changes implement in people who are in last few months of their sequestration?


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

No. Not retrospective.

Only applies to people who entered sequestration after the rule change.

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


   
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(@candlewick)
Reputable Member
Joined: 14 years ago
Posts: 309
 

I don't think that the changes will affect people like you Corsadavid.

If I've understood properly, the important date is 1 April 2015.

So, if a creditor makes you bankrupt, the important document is the Warrant to Cite. The one which tells you that the creditor wants to make you bankrupt, and you have the right to turn up in court to put your own case across.

If the Warrant to Cite was dated before 1 April 2105, then your bankruptcy/sequestration is covered by the old rules - including the fact that you would make payments for 36 months max.

If the Warrant to Cite is dated 1 April 2015 or after, then the new rules apply - including payments for 48 months. That's assuming that you're assessed as being able to make payments.

If you apply/applied for your own bankruptcy, then it's the same principle, but the key document is the date your bankruptcy is awarded (you'll get the Award with the letter from the Accountant in Bankruptcy).

So, if the Award is dated before 1 April 2015, it's the old rules. On or after 1 April 2015, it's the new rules.

Like TDA, I think that you've probably finished making your payments AND you're due a refund for one of them! [:)]

Double check with your trustee on Monday, naturally

Edited to add: TDA beat me to it - and said it more concisely! So - 'Wot she said'! [:D]


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

So I think what we're both saying Corsadavid, is that you can relax and stop worrying about this.

It looks like you're finished now.

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


   
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(@corsadavid)
Active Member
Joined: 10 years ago
Posts: 6
Topic starter  

Thanks guys appreciate the time and effort ๐Ÿ™‚


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi Corsadavid

Remember and contact your trustee and get the last payment refunded. I suspect the have forgotten to cancel the standing order instruction, so probably best to contact your bank and have this cancelled.

Mark

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


   
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(@corsadavid)
Active Member
Joined: 10 years ago
Posts: 6
Topic starter  

Thanks mark I'll update you on what happens tomorrow


   
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(@corsadavid)
Active Member
Joined: 10 years ago
Posts: 6
Topic starter  

Thanks mark I'll update you on what happens tomorrow


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

No problem, better in your bank than theirs. Especially if they are not entitled to it.

Mark

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


   
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(@corsadavid)
Active Member
Joined: 10 years ago
Posts: 6
Topic starter  

Thanks mark I'll update you on what happens tomorrow


   
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