Trust Deed changes
 
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Trust Deed changes

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

Interesting to see the proposed changes via the AIB. In particular,no contributions will be acceptable from Social Security Benefits. This is currently the position due to The Social Security Administration act, although this is specifically for sequestration at present.

Equity will be frozen in a dwelling-house at the date the Trust Deed is granted. Helleluja!! At last the position with equity is being addressed.

Be interesting to see the final version.

Mark

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


   
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(@thinkingofthefuture)
Trusted Member
Joined: 13 years ago
Posts: 58
 

Hi Mark. I've read it through too. Looks like they are aiming to have the new changes in place by the Autumn. If / when this does happen, will this have any impact on anyone currently in a PTD at that point? Or will it only be for new application from that point on? What would happen if you signed before the changes, but were not at protected status by the time the changes came into effect etc? Also. It refers to "Pre Trust Deed fees and outlays will be excluded. Any such fees and outlays will rank with other debts". What does that mean exactly? Thanks.

xxx


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 17 years ago
Posts: 4798
Topic starter  

Any changes will only apply to trust deeds signed after the changes come into effect and won't have an impact on pre existing ones.

Not entirely sure about the 2nd bit. It may be that the work the trustee does before signing and any outlays ie valuations etc will be excluded.

Interesting to see how it pans out.

Mark

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


   
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(@rockbottomsolidbase)
Reputable Member
Joined: 13 years ago
Posts: 312
 

That looks like a positive change given the angst over equity.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 17 years ago
Posts: 13594
 

Hi Thinkingofthefuture.

There is a bit of general confusion about the second aspect that you raise, along with some other things.

I'm sure there are plenty of people seeking clarifications at the moment (actually, I know there are!).

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


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

Essentially the changes are designed to crack down on those insolvency practitioners that may have been guilty of milking the trust deed process for fees. That can surely only be a good thing. Also good is the formalisation of one or two aspects which are done already by the better firms, such as the freezing of equity.

The worry was that they may throw the baby out with the bathwater - with talk of minimum dividends threatening to remove trust deeds as an option for many people. It is good to see that they have moved away from this now.

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


   
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