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Trust Deed - Early Discharge

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Hopeful
(@hopeful)
New Member
Joined: 14 years ago
Posts: 3
Topic starter  

Hi, could I have your advice please.

I am 62 and due to stress at work, I am an Administrator, I recently asked my employers if I could reduce my hours as my health was suffering and they agreed. I have been in a Trust Deed since I was 60, 2 years in May and due to my now much lower salary, which starts next month, I will be unable to keep up my payments. I have explained the situation to the Trustee and they didn't sound very happy and asked me to send them the next 3 payslips and bank statements but they haven't confirmed what they will do. Will they make me bankrupt and will I need evidence of why I went part-time? I don't make a habit of going to the doctor so don't have a medical history but my employers were aware of my work situation. If the Trustee apply for my BR will the same Trustee represent me and help me complete any paperwork? What charges are involved? What payments would I make for the following year after I am made bankrupt? I have no assets but I have a car which I pay for under a conditional agreement until 2013, which I got to keep as I need it for work - will this be taken? I am worried that the bankruptcy will be advertised, would I have to go to court, do my employers have to know, where does my salary go if my basic bank account is closed? I'm a bit stressed about the whole thing so apologies for all the questions. Is there any other option, eg asking my family if they could possibly pay off what I owe to the Trustee? Is this allowed and what costs would be involved?

Thanks for your help.


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

Hello Hopeful and welcome to the forum.

I'm sorry to hear that you have needed to reduce your hours.

In such circumstances your Trustee may be able to exercise some discretion and it's by no means the case that these changes will necessarily result in bankruptcy. For example your suggestion that a third party completes your obligation to the trust deed is, I would think, likely to be acceptable to all concerned. That would most likely mean them paying over a sum equal to the number of monthly payments remaining multiplied by your current monthly payment.

Your Trustee may well consider that they have a responsibility to verify the changes in your situation, so you may wish to consider whether providing some documentary background to the current changes will be possible.

Bankruptcy is therefore by no means inevitable. Even if it were to happen there would be no need to attend Court and you would not be asked to pay any amount unless it was affordable for you to do so. I doubt that your car would be affected at this time and you would be able to have a basic bank account (even if that meant changing the account you currently use).

I think the most important thing at the moment will be to maintain open lines of communication with your trust deed company so that you can find a mutually acceptable way forwards.

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


   
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Hopeful
(@hopeful)
New Member
Joined: 14 years ago
Posts: 3
Topic starter  

Thankyou for your advice.


   
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Hopeful
(@hopeful)
New Member
Joined: 14 years ago
Posts: 3
Topic starter  

Hi
Further to your reply I have since contacted my Trustee and asked the assistant if it would be possible for a 3rd party to pay off my debt. She replied that this would be okay but would need to be in writing, then said but you don't have to do this, send in your expenses and your first pay slip for the Trustee to have a look at.

I am a bit cynical as to why she would say that = do they benefit in anyway from keeping me on? Presuming that I may be made bankrupt? I would still have to pay what I could afford for the year after being declared? or if circumstances change can they just close the Trust Deed. I still have £3,300 to pay back and 1 year left from May and the future payment I can afford to pay them, due to the change in my hours, would be £23 a month (that's with my daughter paying my annual car insurance)as opposed to £236.00 which I have been currently paying. I asked for more information but she said she would have to discuss it with the Trustee.

What do you think?

Thanks


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

I'm not sure that there's a need to be cynical about this Hopeful. It sounds to me that the person you spoke with just wanted you to be sure of all of your options.

As mentioned previously your Trustee may feel that they can exercise some discretion so no harm in working through the options open to you.

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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Just to clarify something for you, Hopeful. If you were made bankrupt then any contribution that you can make has to be made for 3 years, not just one. I guess this might affect how you view your preferred solution.

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


   
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