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Trust Deed Completetion

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(@nikki13)
New Member
Joined: 14 years ago
Posts: 2
Topic starter  

I have a trust deed and the agreement I have says completion is July 2012 ,however this has now been extended till 1st Nov as one creditor has objected. I dont have this date in writing and do you know how long they can keep doing this ?


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

Hi nikki13

Sounds strange. The trustee is unable to extend this without 1st discussing it with you.

One creditor objection is not necessarily enough for it to fail. Do you know if they were the biggest creditor.

Mark

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


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

Hi nikki13 and welcome to the trust deed forum.

If you cast your mind back to the time just after you signed the trust deed, was there any communication about a creditor objection or possible extension of the trust deed then?

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


   
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(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

Rather late in the day for a creditor to be placing objections!!

Paul

Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


   
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(@poorboy)
Trusted Member
Joined: 14 years ago
Posts: 51
 

Hi Nikki13

I'm sorry to hear you are having problems with your PTD. However, my understandingis that creditors have missed the opportunity to object once the Trust Deed has become protected.

Even if at the time of entering into the TD it you had forgotten about a creditor and they were not specifically notified by the Trustee about PTD, they still would have had an opportunity to object (hence the reason the PTD is advertised in the Edinburgh Gazzette, the the 5 week period for the TD to become Protected starting from the date which the TD is advertised in the Edinburgh Gazzette).


   
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(@nikki13)
New Member
Joined: 14 years ago
Posts: 2
Topic starter  

Thanks for the advice. Yes it was the biggest creditor however thinking back they upped my payment at the beginning due to this I just dont have it in writing. Just worried that this can continue forever ๐Ÿ™


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

Hi Nicola

Looks like the trustee may have had to renegotiate the terms.

Easiest option would be to contact your trustee and have them explain the exact nature of any extension.

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
 

The objection must have been at the start of the trust deed, before protection, nikki13. it sounds as though your trustee didn't explain clearly about the extended term at that time, which must have been necessary to gain protection.

If you have made your contributions as agreed then it cannot be extended again.

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


   
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Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Hi Nicola

It is shame you thought you were so close to the end when the goal-post seems to have changed. the terms would have to have been agreed at the beginning, before it became protected, so I can only suggest the same as Kevin and Mark, that things were not explained properly to you when there was an objection. Without anything in writing, it is difficult, but I hope there are no more changes.

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


   
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