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Scottish Trust Deed Forum
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Topic starter
12/12/2016 8:12 am
My sister has been in a trustdeed for 2 years now she will be 60in April and does have a mortgage she contacted trustdeed Scotland first who told her that she would probably be in a trustdeed for 3years and another year will be added on so she wouldn't behave to sell her home they then passed her onto a company called Knightsbridge in the last 2 years her health has declined to the extent that she is finding it difficult to stay full time at her job so she phoned and told them of the changes in her everyday life due to her illness and that she was struggling to pay bills ect they told her that she should get a second job for extra money she then asked about how long the trustdeed still had to go as she thought it was 2years left on it and there answer was no it was up to them about the length of time she still had to pay and it could be 7 years my question is can they do this and what if any other avenues she could go down to make this a bit better
s milne
12/12/2016 9:26 am
Hi Sally,
Sorry to hear about your sisters health. Having you there to support her I’m sure will help.
In situations like this communication is key with the Trustee and sometimes the best way is in writing. An alternative to this could be to ask for a face to face meeting to try and resolve things. Sometimes when there is a change in circumstances I’ll invite a client in to sit down with me face to face to try and find a solution as this can be an easier way of dealing with things.
I would send the Trustee a letter or email and ask them to provide a copy of the original signed paperwork from the start of the Trust Deed. This should confirm the exact timescale of the Trust Deed and the position with the property. From this you will be able to understand the exact agreement your sister entered into.
Also, ask them to confirm the current balance that she has outstanding in terms of what she had agreed to pay over. Do you know how much your sisters monthly payment is and what she can afford to pay per month based on her change in circumstances now?
In a scenario whereby your sister isn’t able to maintain the agreed payment per month then the Trustee needs to consider what options are available. One option could be to extend the Trust Deed in an attempt to ingather the total amount that your sister agreed to pay over. Once you know the balance and what your sister can afford to pay you will have an idea of how long her Trust Deed might need to be extended by.
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