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Settle debt partially or enter Trust Deed?

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(@jay421)
New Member
Joined: 12 years ago
Posts: 3
Topic starter  

Hi there

Need your wise words of advice.

I was in Trust Deed for 2 years which failed last year as I was unable to keep up with payments.

I am liable for around £23000 and owe 7 creditors ( Council Tax -£3000)

I've spoken to a IP and they've advised that since it has been 6 months since my Trust Deed failed , I can apply for another Trust Deed ( 5 years)

Based on my current income and expenditure I can afford to pay £100-£150

However through a recent piece of work (I am self employed, freelance) I am should earn around £15000 in next 2 months.

Some of that money I will need for living costs and also running my business..

So I am in 2 minds about entering another IVA. My fear of entering the IVA is the entire sum of money being taken. Beyond living costs, how much do IP's set aside for business expenses? Plus my income is irregular.

I was wondering if you think I could negotiate a final settlement with the creditors? What percentage do you think they would accept. The debt consists of old banks loans and credit card debt.

Your advice?


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

Hello jay421.

As mentioned on your previous thread there is no rule of thumb regarding short-settling debts. Some may discount a lot, some a little, others not at all.

It's usually a pointless exercise settling debts in this way if some debts remain unsettled and the repayments continue to be unaffordable.

Speak to each of your creditors to see what they say. You'll quickly get an idea whether this idea is a runner for you.

There's no six month rule about applying for a trust deed after one fails, it's really just down to whether creditors will agree to accept it or not. If there's a good genuine reason for the previous failure (which I'm aware from your previous thread that there is) there will hopefully not be too much of a problem.

I note a 5 year trust deed has been suggested. I recommend speaking to one or two other firms to make sure this extended term (or all of this extended term) is necessary.

Your business expenses are what they are. As a rough guide, if HMRC will accept something as a business expense I'm sure a trustee would also do so.

Lots a self-employed people have variable income and lots of self-employed people set up trust deeds. A common sense approach is needed to set a payment that's likely to be affordable based on past trading history and future expectations. In terms of trust deeds you will need to be prepared to accept that if you exceed your expected earnings then further contribution will be required. How much exactly is something you could discuss and get agreed with a trust deed provider in advance.

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


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

I did find the 6 month thing a bit strange. And that's from an IP as well.

The only way to do it would be to do a full review and agree an payment based on average income as this is likely to fluctuate. The same would apply to the £15000 as the Trustee will require to look at the costs involved in obtaining the funds.

Mark

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


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

No harm in offering short-settlement to your creditors, jay421. Considering you've already been in a trust deed, albeit without completing it, I'd have thought that creditors will be far enough along the collections route that they will be realistic about coming to an agreement and may well accept a lump sum.

A trust deed may be the answer if settling proves too difficult. We would look at average income when setting a contribution level, and any contribution from the lump sum would be assessed in that context.

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


   
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David Tannock
(@david-tannock)
Famed Member
Joined: 12 years ago
Posts: 2581
 

Hi jay421,

Sorry to hear that you were unable to see out the first Trust Deed especially after being in it for 2 years.

As others have said, I'm a little surprised about the 6 month break between your last Trust Deed and a potential new one.

As Kevin and Mark have said your income will need to be assessed on an average basis and from this it can be worked out what level of payment will be affordable. A good advisor will be able to do this with you very thoroughly.

In relation to the lump sum, again expenses and outlays need to be taken into consideration and also the fact that your income can fluctuate. What if you don't secure another freelance job paying that sum of money for another couple of years? These things need to be taken into account. Sitting down with an advisor you will be able to discuss how much of the lump sum should be paid over. it's always best to sit down with a couple of advisors to get their points of view on you particular set of circumstances and you will then be in a position to proceed with whoever you feel most comfortable with.

I don't see why (providing you enter into a Trust Deed before the new changes) you couldn't look at a Trust Deed over a 3 year period.

You certainly have options available to deal with your debts jay421 it's just deciding which one would be suit your circumstances.

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


   
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