Trust deed overtime
 
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Trust deed overtime

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(@jc1888)
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Joined: 6 years ago
Posts: 2
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Hi, I have been in a trust deed for 2 years now and have 2 years left. I have just been contacted for my yearly review and my basic wages have gone up slightly as has my expenses so this is fine. They have sent me a expenditure form that I am going to return which is fine. My only issue is that I have started doing a fair bit of overtime working out an extra £600-£800 per month this gives me breathing space as I am still paying back loans that family members took out for me when I was in financial difficulty and splitting other bills with my partner, this overtime is regular but not guaranteed and can vary in amounts. I have a few questions if anyone can please help that would be great.

1) Is there any way around including my overtime in the monthly amount as I need this money for bills not on expenditure form and paying back family members?

2) What happens if I don’t complete my annual review? They say this will be passed to creditors and they may take further action, what is the further action?

3) what happens if I can’t find wage slips but can send bank statements showing the amount I am being paid?

Thanks, I literally can’t afford to give them my overtime as I am still struggling to live with the overtime nevermind without it, any advice would be greatly appreciated, thanks.


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

Welcome to the forum JC1888.

I'll apologise in advance, because these aren't going to be the answers that you were hoping to hear.

You're required to pay over your full disposable income during a trust deed. This means if you earn more than normal, your trustee is very likely to require that the full extra sum gets paid into your trust deed. This is what you will have agreed to when you signed the trust deed in the first place. This is the basis upon which your creditors agreed to your trust deed.

From your perspective I'm sure debts owed to family members must seem like a priority. In respect of your trust deed however, they aren't. Your trustee isn't going to facilitate you repaying your family in preference to the rest of your creditors.

If you fail to cooperate with your trustee your trust deed could get failed. This could result in you having to find a new way to deal with your debts and potentially losing the benefit of the money (or some of it at least) that you've already paid in. In the most serious situations, a trustee might consider making you bankrupt.

Your trustee may be prepared to accept bank statements rather than payslips. You'll need to ask them what their requirements are.

My advice would be to bring this overtime to the attention of your trustee as soon as possible. The longer the delay, the bigger the problems you'll be storing up for the future.

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


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

Hi JC1888 and welcome to the forum.

If you are having to do a lot of overtime to financially support yourself it makes me question the budget that was completed with you at the start of the Trust Deed and how accurate this was.

I would reach out to your Trustee and complete a fresh financial statement based on what your bills now are. It might be the case that your expenditure has increased and this could offset the extra income via the overtime. Peoples financial circumstances do change during the Trust Deed and this needs to be taken into consideration.

Under the legislation you are meant to pay all of your surplus income over into the Trust Deed for the benefit of the creditors and all income needs to be taken into consideration for this calculation. If you are receiving extra funds but your budget hasn’t increased then your Trustee can request these to be paid into the Trust Deed.

Also under the Trust Deed you shouldn’t be giving preference to one creditor over another i.e. the repayment of the family debts. Dealing with family debts is tough in a Trust Deed because it’s family you owe the money to rather than a traditional lender. It’s therefore hard to argue that you need to prioritise this over the Trust Deed.

The downside of not completing the financial statement review is the Trustee could find out about the extra overtime and then consider an extension to the Trust Deed to recover money they believe you should have been paying as extra to the Trust Deed. We have heard this happening before on the forum.

If you can’t find wage slips your Trustee might insist that you request replacement copies from your employer to provide them. You will need to check with the Trustee.

Try to focus on having 2 years left to go and doing what you need to do to reach this point and become debt free.

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


   
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