Trust Deed End, (Pr...
 
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Trust Deed End, (Problems)!

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 gogo
(@gogo)
New Member
Joined: 12 years ago
Posts: 3
Topic starter  

Hi all, just found this forum! I wish I had known about this earlier great site full of great advice.

I was hoping for some advice on two things:
1) I have, well I thought I had reached the end of my trust deed, 36 months back in March 2013. However, I have heard nothing from my IP/Trustee and have continued to make my payments having made 38 payments. Should an IP/Trustee have been in contact by now? I don't want to stop paying incase it causes me problems.

2) My other issue is regarding the equity share of my house, I fear the fact I have not settled this yet may be the reason my TD is still going? My equity was valued and agreed 3 years ago at the outset, now perhaps I should have acted earlier on this but since the middle of 2012 I have had 3 valuations on our house, the highest of which is £10k less than it was at the start of my TD, as a result of this the two parties that were interested in taking on the equity share are now no longer willing! I have no idea what to do, I don't think I could sell as I assume after fees ther would be no equity left or certainly not enough to pay the agreed sum at the beginning of my TD, the stress is unbearable and I feel worse than I did when I set of on this journey in the hope of sorting myself out financially!

Does anyone have any experience, particularly with the equity situation, or any advice on what I can do to resolve this? Can you extend a TD?

Thanks in advance for any help you are willing to give.


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

Hi gogo and welcome to the forum,

The first thing to do is contact your Trustee and speak to them about your case. As you approach the end of your Trust Deed your case manager should be aware and contact you to discuss your discharge or any extension to pay asset value over. Communication is key. You should be scared to pick up the phone and speak with them.

Can you advise what the agreement was at the start of your Trust Deed for the equity and the level of equity that you had in the property?

If it's the case that the equity in your property is the same or has reduced, your Trustee may agree to extend your Trust Deed and continue with your monthly payments until this is paid over.

I would try not to worry too much at the moment, speak with them to clarify the position and hopefully there will be a solution that works for all parties.

There have been a number of posts/topics on equity recently and I would have a browse through the forum to read these.

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


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

Hi gogo

If the agreement was for 36 payments, then anything over that will be to reduce any equity figure.

Could you advise what the equity figure agreed at the start was?

Mark

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


   
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 gogo
(@gogo)
New Member
Joined: 12 years ago
Posts: 3
Topic starter  

Thanks David, I have had a good read through a lot of posts in the forum which has been very helpful.

Hi Mark, my equity figure agreed at the start was £8,500.00, which was half the equity of the original valuation. I have had two parties interested in taking the equity share one of which has offered me some of the money but based on the latest valuation which fell some £10k short of the valuation carried out in April 2010 which would leave half the equity share at currently around £3,500.00 which is very worrying!


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

Hi gogo,

Just to confirm, the agreed amount of equity at the start of your Trust Deed which you were going to pay was £8,500? Now from what I understand the equity in your property has reduced to £3,500?

When you speak of parties who are interested in taking the equity were they going to pay this amount over to your Trustee?

In terms of your property, if the equity has reduced due to a reduction in valuation then this would reduce the risk of your property being sold. As you have said, if a sale were to be considered it's unlikely that any net free proceeds would be left over for the benefit of creditors after the sale costs etc had been paid. This is something that your Trustee has to take into consideration.

I would contact your Trustee, advise them that the valuation has reduced and to come to an agreement over the extension of your payments to pay the equity over. You may find that they are happy to accept this and for you to continue with your payments for a little longer.

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


   
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 gogo
(@gogo)
New Member
Joined: 12 years ago
Posts: 3
Topic starter  

Hi David,

Yes the equity in our property was valued at £17000, which gave my half of £8500. The property has been valued 3 times in the last 18 months and the best case valuation left an overall equity of £7000. I have had 2 people interested in paying differing amounts to my Trustee, the highest of which was £4000 which is way less than the £8500 I'm due to pay.

I have been putting of contacting my Trustee for fear of bad news, ie: bankruptcy, sale of house.... and as they have not been in contact with me I am still paying my monthly amount which is fine if as Mark says it will go towards reducing the equity figure.


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

Is it only you who has entered into a Trust Deed gogo?

You really need to pick up the phone and speak with your Trustee. They may not be aware that you have finished your 36 monthly payments. By leaving things and just continuing to pay in the hope that this will deal with the equity will only lead to potential problems in the future.

I can stress enough about speaking with them. If as I said your equity had reduced then Bankruptcy and a house sale is very unlikely.

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


   
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