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Trust deed

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(@l18rns)
Active Member
Joined: 11 years ago
Posts: 6
Topic starter  

Hi looking for some help.
After bing freed from my trust deed I have had a letter from my bank saying they were not named as a crediter on my trust deed and I am liable for the outstanding dept. can anyone tell me if this is right????[:(!]


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi L18rns

No, advise them the onus is on them to check the Edinburgh Gazette which detailed the Trust Deed and legally they are unable to pursue the debt irrespective if the submitted a claim or not.

Mark

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


   
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(@l18rns)
Active Member
Joined: 11 years ago
Posts: 6
Topic starter  

Thanks. Is this the case even if they were not named on the trust deed? I have told them that it was up to them to make a claim. They say that as they were not named that I am liable for the dept.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi L18rns

Yes, it makes no difference if they were named. I won't bore you with the technical stuff, but they have no avenue to pursue you for the debt.

Mark

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


   
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(@l18rns)
Active Member
Joined: 11 years ago
Posts: 6
Topic starter  

Thanks so much for your help been worrying about this for days . The only thing that worries me is that it showing on my credit file. What should I do to sort this out? Is there anywhere I can get in writing that it was there job to make a claim??


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

Welcome to the forum L18rns.

This debt did exist before the trust deed was signed didn't it?

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


   
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(@l18rns)
Active Member
Joined: 11 years ago
Posts: 6
Topic starter  

Yes it was an overdraft and an account that had bank charges on it. They have been adding interest onto it while I was in the trust deed


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

The debt no longer exists in that case L18rns.

You're entitled to request that your credit report is updated by them to reflect that.

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


   
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(@l18rns)
Active Member
Joined: 11 years ago
Posts: 6
Topic starter  

But they keep telling me that as they were not named that I have to pay it don't know where to turn


   
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(@l18rns)
Active Member
Joined: 11 years ago
Posts: 6
Topic starter  

Sorry by the bank or the people that gave me the report?


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

Hi L18rns,

Who is it that is telling you that you are liable for the debt even after you have informed them of your Trust Deed? Also, Is this over the phone or in writing that they are telling you this?

In my experience debt collection companies collecting on behalf of the main creditors will say anything to convince you to make a payment to them.

If your speaking with them on the phone you may be best corresponding in writing to resolve the issue.

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


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

You could threaten them with a complaint to the Financial Conduct Authority if you can't make any progress with them I guess.

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


   
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