scottyjones is you trustdeed protected?

Hi scottyjones.

Sometimes there can appear to be an outbreak of chaos during the period prior to protection. I can appreciate that it must be very frustrating.

For your trust deed to be a week from (hopefully) becoming protected your trustee must have notified all of your known creditors and advertised the trust deed as well. Your creditors can therefore hardly claim that they don't know about it.

What seems to happen is that some creditors fail to communicate internally between the departments that handle debt collection and the departments responsible for personal insolvency procedures.

I'd suggest that, if you haven't already, you make your trustee fully aware of all of this contact. Hopefully they'll step in to try to bring it to an end for you.

Some of our members may also have some practical suggestions that they found helpful when receiving this type of creditor contact in the early stages...

Hi scottyjones

You will need to be careful as a Trust Deed will not normally stop a pre existing wage arrestment. Depending who served it, ie for Council Tax, it can normally be negotiated.

Was this discussed with the firm in question?

Mark

Yeah, the arrestment was in relation to an RBS loan.
The TD people said it should be fine as if they didn't accept the TD and remove the arrestment then they would have to file for Bankrupcy and the TD would be better for the creditor.
If they don't remove the arrestment then the TD can't go ahead as the money won't be available to pay both. STRESS! 🙂

If it is any comfort to you, all of these things would have happened anyway if you hadn't signed a trust deed, which would probably be even more stressful for you. At least you have someone negotiating on your behalf and will know one way or the other very soon whether everything will go through OK.

Hang in there scottyjones!

I spoke to the trustee people today and they told me they have spoken to the company who put on the wage arrestment who have said they will lift the arrestment if / when the TD becomes protected.

The arrestment was granted on the 30th April, but my employer never received a letter instructing him that he was to enforce a wage arrestment, so now they need my employer to call them and explain why the arrestment was never actioned on his side. I did speak to my employer when I received my copy of the letter, but he said he wasn't going to do anything until he receives something telling him to do it, which he never did. The problem now is that it is 2 months unpaid, which means that if they ask for that amount to be backdated then I can't afford to pay my TD (or much else for that matter) :/

If your employer never received an instruction then I cannot see how he can be held accountable for failing to pay it. I'd have thought that this would normally be served by a sheriff officer though.

These things are normaly served by Sheriff Officers or at the very least Recorded Delivery to ensure delivery. It would be strange if they were sent by normal post.

Its also intersting to see if RBS lift the arrestment as these are usually done via solicitors who are normally aware of the rights of a pre trust deed arresting creditor.

Mark

Yeah, me too.
Apparently it was just sent Recorded Delivery.
So they will be able to check who (and if) signed for it.
Problem with this building however is that it's shared artists studios, so the receptionist downstairs might have signed for it, then they just leave the mail on the first floor for people to pick up, so who knows.

(In a locked room on the first floor that only people with the key have access to, so not like just laying about in a room open to anyone) ... but every studio has a key to that room, so probably about 50 people have access to it)

In the first weeks while I waited for mine to be protected the phone rang constantly with creditors demanding payment. I actually unplugged my housephone for a month, told my family I was having problems with BT and used my mobile until the dust settled! Seems so long ago now I had forgotten just how stressful it was until I read your post.
A couple of weeks after my trust deed was protected the calls stopped.

Quick update on this.
The company re-sent out the Wage arrestment a couple of weeks ago, so my eployer agreed to set it all up with the accountants, thankfully they are no longer asking for the payment to be backdated to the date of the initial arrestment, which my employer never received.
Now, my TD has finally been signed off and is now protected, a couple of days later we got a letter from the arrestment company saying that I have entered a protected trust deed and the wage arrestment has now been removed. So, I actually didn't make any contributions to the arrestment.

So, it is stressful at the start, but hopefully it's plain sailing from here on in.

Pleased to hear that. Hopefully you've steered your course through the asteroid belt now. Beam me up scottyjones!

Oh my, It was going so well.
Lost my job today, not entirely sure if it was anything to do with the wage arrestment, but I cant help but feel it played a part ... being illegally evicted from my house this weekend and don't have anywhere suitable to go to with my dog (but Shelter or the council don't really seem to care).
So who knows what will happen next.

If you see a homeless guy with a dog, the dog may not always be there for the sympathy pound!