Trust Deed - Redund...
 
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Trust Deed - Redundancy

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(@cherie)
New Member
Joined: 16 years ago
Posts: 3
Topic starter  

I signed a Trust Deed in April 2007 and have been making monthly payments since June 2007. I moved jobs in October this year and have just been made redundant. A friend of mine who works for a Solicitors firm has advised me that there was a change in the Trust Deed legislation earlier this year meaning that if you have been in your Trust Deed for more than a year and are made redundant then you will be discharged - can you confirm if this is the case please?
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi cherie and welcome to the Scottish Trust Deed forum.

I'm afraid that I'm unfamiliar with any such legislation. Perhaps Kevin or Mark may be able to shed some light on this...

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


   
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(@cherie)
New Member
Joined: 16 years ago
Posts: 3
Topic starter  

Okay thanks, I didn't really think this would be the case but just thought I would check before I contact my IP. If I have no salary coming in, where do I stand, will I be able to take payment holiday and extend the trust deed?
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Hi cherie

I'm afraid your friend is getting trust deeds mixed up with sequestrations. The time period for discharge from sequestration was changed to 1 year, so if your trust deed was converted to a sequestration as a result of you being made redundant then you would be discharged after a year. However, by this I mean another year - the year in the trust deed does not count towards the sequestration unfortunately.
Also, if you did find work again after being sequestrated you may have to pay a contribution and this would continue until 3 years after the date of sequestration.

Basically, if you think there is a good chance of finding work again fairly soon then you'd probably be best speaking to your trustee about suspending your payments in the meantime.

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


   
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(@cherie)
New Member
Joined: 16 years ago
Posts: 3
Topic starter  

Thanks, I did think this was the case but just thought it was worth checking.
C


   
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