Welcome to the trust deed forum sadgirlpup23.

If the payday loan existed at the start of the trust deed it should certainly be included. It would appear the trustee initially thought the loan had been taken out after the trust deed started but have now corrected that.

Was the payday loan taken very shortly before the trust deed started?

If your partner has had no extra income I would have thought the cash should usually be returned to him.

There is no simple way to leave this trust deed firm, all of the parties are now legally bound. Your partner could cease complying with them and making the payments in the hope he would be discharged, but that would carry substantial risks and would not guarantee the outcome he wants.

The letter is stating that they are getting repaid the money my partner has paid to payday since the trust deed started but as i said he didnt pay them anything they took it out of his account without his permission and this was money that we needed to live on for normal bills and food.
They intend to use the money towards the creditors.Do you know how we can get this money back ? Thanks

Hi sadgirlpup23.

As I mentioned before I would think that this money would be returned normally. However, I don't know if the trustee has a reason for retaining it in this instance.

How long before the trust deed was signed was the loan taken out?

Is your partner up to date on payments?

Has he received any extra income or lump sums since the trust deed began?

You may need to ask the trustee why they have chosen to retain the money and then let us know what they say about their reasoning.

He is up to date, his income hasnt increased in any way and we have not had any extra money come ins. when thepayday company took the money out the account is was just under a week before my partners pay was paid in and this left him overdrawn and incurred £60 in charges as well as losing £525 from his wages which is over half his monthly income.this was not spare money in any shape or form as i stated previously. We cant get a striaght answer when contacting the company and never get to speak to the right person and get passed around so dont expect to have any joy with this.its as though theyre trying to pretend he 'paid' this money voluntarily when in fact it was illegally taken as the debt was part of the trust deed. To be honest if they had dealt with things properly in the first instance the money taken from the account could have disputed by the bank and refunded to us but due to the company were dealing with not doing their job properly has left us in a pickle.

Hi again sadgirlpup23.

Thanks for the extra information in your post.

I'm curious how long before the trust deed started this payday loan was obtained by your partner? Could you tell us please?

I only ask as I'm struggling to see why the trustee would choose to keep this cash.

I must say I agree with Trust Deed Assistant - I can't see any real justification for the trustee keeping these funds if they are and above what has already been agreed what your partner can afford from his income.

How about he suggest that they agree to him stopping his contributions until he has clawed this money back?

Hi

I have to agree with TDA & Kevin. Your partner's fnancial situation was assessed, by his trustee and a contribution agreed. What has niw happened, is that they are taking money which they know he requires for everyday expenditure. There is no reason why he can't be returned to your partner, but this would take time. I would suggest youdo what Kevin suggesetd, and ask for his contributions to stop until you are equal. To be on the safe side, I would also make sure he has cancelled that particular bank card, as that is how the payday loan company managed to access his account in the first place! You don't want it to happen again.