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some pre-protected questions

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(@amorphous)
Trusted Member
Joined: 15 years ago
Posts: 96
Topic starter  

Hello...

I signed a trust deed just over 3 weeks ago, and I'm in 'squeaky bum' mode to see if I become protected. I have a few Q's, and I'd appreciate any advice from anybody who has experience of this nightmare!

1) I got a letter today from a solicitor acting on behalf of the Clydesdale , basically saying legal action will commence within 5 days unless I pay up.
Can they do this, even though I have signed a TD?
(I know I'm in the clear if I get 'protected', but I'd much rather proceedings weren't even started!)
What are my rights?

2) What %age of TD's fail to be protected?
I'm very worried that the Clydesdale will refuse it, as I owe them about ?รบ35k.
As they have got their solicitor to threaten court action, does this mean they are likely to oppose my attempt to get 'protected'?

3) If I fail to get protected, I'm going to apply for sequestration immediately. How long does this take, and during that process am I likely to get my wages arrested or get any more hassle from my creditors?


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

Most professional IP's would know what they are doing and what your creditors are looking for when they prepare your Trust Deed so the vast majority of Trust Deeds become protected.....

My largest creditor was also the Clydesdale Bank although I only owed the ?รบ12k and to be honest they of all my creditors gave me the least amount hassle......

I know the waiting is the worse bit, but am sure your be ok, and once it does your feel a huge weight come off your shoulders.....

Good Luck


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

Hello amorphous and welcome to the forum.

Porcupine is absolutely correct, trust deed companies that handle a decent volume of cases know what certain creditors will and will not accept. If they thought that there was any issue they should have informed you in advance.

I very much doubt that any legal action will start within 5 days and even if it did it would have little chance of working its way through prior to the expected date of protection.

I am not aware of any official statistics on the percentage of trust deeds that become protected trust deeds. If you read the interviews with our experts on this website I think you'll be reassured by the percentage of the cases that their companies handle that do become protected trust deeds.

In the unlikely even that the trust deed does not achieve protection any sequestration can be handled quickly so wage arrestments are very unlikely.

In terms of creditor hassle at any stage from the point you instruct a trust deed company you should let them know what is happening so that they can try to deal with it for you. You're paying their fees and are entitled to their assistance in this.

I do hope that everything goes as you hope that it will; please let us know.

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


   
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(@amorphous)
Trusted Member
Joined: 15 years ago
Posts: 96
Topic starter  

Thanks to you both for your responses.

It must take a lot of patience to read and respond to all these problems, and its greatly appreciated.

I guess there is no point in worrying too much about events which are out of my control now anyway!


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

Hi amorphous,

I'm glad that the forum has been useful for you.

It's genuinely a pleasure to help answer people's questions here and, like the other experts, the bonus is that I'm constantly learning (and am often also very surprised) by the subjects and situations that are described.

The forum itself has also become a bit of a library of knowledge that I know a lot of visitors take a lot of time to read through.

What has been really good to see recently has been other forum members helping each other out and providing support (as Porcupine has done on this thread). While the experts can answer the questions, it's at least as valuable when real-life experiences are shared by people who have faced similar situations and challenges themselves.

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


   
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(@mazda-5)
Eminent Member
Joined: 16 years ago
Posts: 21
 

HI amorphous,

We all wish you luck on your TD becoming protected.
Most of us who use this site have all been in this position and it can be a worring 5 weeks. I signed mine in January and it was stressful 5 weeks. As Porcupine says most TD companies are good.They only will put a TD forward if it has very good chance of being accepted.Mind and let us know how you get on.


   
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