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Scottish Trust Deed Forum
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Topic starter
02/08/2011 1:58 pm
Last month I phoned my TD assistant to see what happens at the end of the trust deed for my husband and I, I was told we still had one payment to make first of Aug and then the process to wrap the TD's up would begin so to call today just to let them know the process had bugun. My husband and i have considerably reduced our payments over the 3 years due to situation outwith our control, one situation was that my car was included in the trust deed and then 2 months later we were told that it couldnt be, it was there mistake and they would reduce payments so we could continue to pay the car, this reduce the payments on a perminant basis also a women out of the blue claiming my husband was her teenagers father what a shock but it ended up in csa payments and the other was my husband job moving him from scotland to england and me giving up work, i know have no job and we struggle monthly to make contributions, my husbands job has Know put him working 2 hours away from home and even with the extra expense we have struggled to maintain our 36 payments, all be it reduced. we were told when this happened that due to the fact that our change in circumstances was completly out of our control our payments would not be extended at the end of the trust deed, I even phoned to double check this for my husband as he was worried and our assistant reassured us that we did not cause the change in our circumstances and that it would just be the 36 payments, we did get a letter which a bit in it saying any arrears to date will be included in the end of your trust deed, but i was not worried due to the fact that i had spoken to the assistant and be reassured that it would not affect the running of the 36 months. today i was told the trust deed will be extended so we pay the original agreed amout, which i must add was a larger amount as the car was included. i have questioned this explaining that on a number of occastions we were told this would not happen and my assistant is going back to her manager to see what they say. no i never had this in writing and i understand that we "agreed" to a certain amount being paid to become protected, however our circumstances changed and it was not our fault and we were told an extention would not happend, this was not a loan and we have paid everything we could afford. our assistant suddenly changed about 6 months ago after I wrote a letter to clarify what had been said which i never recieved a response to. what can i do if they say its extended, what will happen if i stop paying, do i just have to roll over and do as they say, they have complete control, How can i fight this.
g giles
02/08/2011 3:10 pm
Hi gemgem.
I'm sorry to hear this news.
I'd suggest writing to your Trustee personally and setting out the circumstances that have caused your payment to change and the commitments that have been made to you by your contact when those changes occurred.
It's your Trustee who can actually make a decision on this; trying to remove some of the "layers" between you and him/her might be helpful at this stage.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
02/08/2011 3:24 pm
Thats great advice, I am stilling waiting for a phonecall back from my TD assistant to tell me what has been said, I will draft a letter and get it sent if need be once i have recieved the phone call. I do understand the need for the trustee to recoupe as much as possible for the creditors, the reason i am so upset and angry is that I checked over and over with my TD assistant as to my situation, it has been a very hard three years and the situations that have arisen are not through choice, we have done our best to pay as much as possible, stayed in contact with our TD assistant on a regular basis and it all seems pointless, i will keep you informed.
g giles
02/08/2011 3:45 pm
I think the Trustee is going to have to make a judgment call gemgem.
As I remember, the contribution that you're able to make to the trust deeds really is comparatively small at the moment (compared to the figures typically required at the start of a trust deed) due to the changes in your circumstances.
It seems unlikely that the amount currently being paid would do much more than pay for the extra work done by the Trustee in managing the cases for an extended period. If that's the case, it's hard to see what benefit an extension would bring to your creditors.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
Topic starter
02/08/2011 4:06 pm
Thats a great point, I will include that point in my letter, at the moment i am trying to make sure I note down all that I need to go in the letter and wait for my return phonecall, i need to get the exact address for my trustee and go from there. Thank you again, I know my situation is not typical and thats why ive always asked the assistant for advice.
g giles
Topic starter
05/08/2011 5:16 pm
Well I am pleased to say that I spoke to my TD assistant today after she had spoken to her manager and she has been told to go ahead and start closing proceedings for both my husband and I, It seems that the mansger has greatfully recognised the commitments made to us by our original TD assistant. we will need do nothing more and will be kept in the loop step by step while the creditors are contacted and discharge should take appox 2 months. I must admit I am one Happy Bunny 🙂
g giles
06/08/2011 9:41 am
That is fantastic news gemgem; thank you for letting us know.
I do hope that this is the start of quickly putting all of this behind you and getting a fresh start.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
06/08/2011 2:46 pm
Great news Gemgem - i was in a similar situation and received a letter this week saying my IP was seeking discharge - great feeling
