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trust deed payment changes

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(@chopper)
New Member
Joined: 14 years ago
Posts: 3
Topic starter  

can my payments be changed as my circumstances have changed as ive left my parents house to my own flat?My advisor has claimed it may not be possible?


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

Welcome to the trust deed forum chopper.

There is usually a distinction between changes in circumstances that were out of control of an individual and changes that people choose to instigate.

You've chosen to move out, which is entirely your right to do.

However, your Trustee may well conclude that your creditors should not lose out. They allowed your trust deed to become protected based upon an expectation of receiving a certain amount of the debt back.

Therefore if you have voluntarily increased your expenses, and you cannot now pay as much, one possibility is that the trust deed might be extended so that the creditors still receive the amount that they originally agreed to.

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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

It is really up to your trustee, chopper, but it is only fair that creditors would expect that what was originally proposed would be paid unless circumstances out of your control intervened

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


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

Hi chopper

I have to agree with the above. There's an obligation made to creditors and you've changed your circumstances to make the Trust Deed no longer viable. In these circumstances, the Trustee will seek his discharge, however you will not be discharged from the debts and creditors would be able to pursue for recovery.

Mark

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


   
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Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

Hi Chopper

I have to agree with all of the above. Although your disposable income has reduced, it was through your own choice and the Trustee still has an obligation to your creditors. I would expect the Trust Deed to be extended in order to ingather sufficient funds for your creditors, depending of course how far into the Trust Deed you are. If you have just started it, then as TDA says, the Trustee may bring the Trust Deed to an end, without you being discharged from the debts.

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


   
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