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Trust Deed v's LILA

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(@loupenny)
Active Member
Joined: 12 years ago
Posts: 10
Topic starter  

i am currently in a Trust Deed but my child tax credit has recently been cut from £120 a month to £40 a month. This has had a big impact on my budget and the money i have available for my trust deed. i have contacted wilson andrews who have advised me they can either reduce my payments to £100 a month or they can default my Trust Deed and i would then apply for a LILA.

I would appreciate some advise on which would be the best option. I could manage to pay the £100 a month but it would be extreamly tight and i would have practically nothing left after all bills have been paid.
But i am nervous about the implications of LILA and what it would mean for my credit.

Is there much diffrence between the two with regards your credit file?

i am due to make my paymet at the end of the month so hope to get some advice before i do this.

Many thanks


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

Hi loupenny

It's difficult to comment without a full review, but please to hear the comments from WA.

LILA will have the same effect as the Trust Deed on your credit file, but you will effectively start from day one again. There is no need to achieve a minimum dividend in LILA, so the review should be able to take account of all income/expenditure and from what you say, may result in a far reduced payment.

Mark

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


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

Hi loupenny.

How far into your trust deed are you?

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


   
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(@loupenny)
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Joined: 12 years ago
Posts: 10
Topic starter  

It started in January this year


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

That's a long way to go then loupenny, and especially if you're really having to scrape a payment together every month.

Do you envisage that there will be any other changes in your circumstances in the near future?

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


   
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(@loupenny)
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Joined: 12 years ago
Posts: 10
Topic starter  

my daughter will be starting nursery at end of the year which will be another expence which hasent yet been budgeted for in the trust deed.


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

I'm not sure that there's much difference to your credit record whether you carry on with the trust deed or become bankrupt loupenny. I'm not sure either that this is the most important factor.

It does sound as though you're sceptical that you could keep even the reduced trust deed payment going?

If your payment is reduced would your trust deed be extended to make up the difference?

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


   
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Chris Wardle
(@chris-wardle)
Estimable Member
Joined: 13 years ago
Posts: 249
 

Hi loupenny,

I'm sorry to hear that your financially struggling again due to the reduction in your benefits. I assume after entering the Trust Deed you felt a sense of relief and now this has happened.

In terms of the differences between the Trust Deed and LILA (Sequestration) then there aren't that many. LILA is route into bankruptcy (Sequestration) so you need to be aware that this is what you would be doing. As Mark pointed out as no minimum dividend has to be achieved for creditors then the payment and expenditure allowances can be taken into consideration in full and a payment set at a more manageable level and for 36 months.

If your already struggling at the moment then with the pending nursery fees to come at the end of the year it may be best that you consider sequestration as a more suitable option now due to the change in your circumstances. If you felt that you could continue with your Trust Deed but at a reduced level then this may extend the term of your Trust Deed beyond 36 months or the agreed timescale you have entered into with WA and you should be mindful of that.

The best thing to do is speak with WA to establish what options you have available based on the change in your circumstances. A member of their team follows the forum and I'm sure they will be along soon to help.

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


   
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(@loupenny)
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Joined: 12 years ago
Posts: 10
Topic starter  

im just worried if anything even slightly changes in my circumstances then i wont be able to make the payments and it will leave me in a worse position. We would hopefully be looking to have another child in a year or so but finanically we could no aford it untill after the trust deed is complete.

Yes, the Trust Deed is being extended to cover the lower payment so would be around 4 years now.

i thought it may be best to just go throught LILA and get everything cleared and start a fresh but i wasnt sure if it would leave me in a worse position after its finished?


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

I'm not sure that it would leave you in a worse position loupenny.

Is there a particular fear that you have in that respect?

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


   
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(@loupenny)
Active Member
Joined: 12 years ago
Posts: 10
Topic starter  

with regards to my credit for future and im not sure what the implications having a LILA in my history would be. Would i ever be able to get a mortgage or even a phone contract in future?


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 16 years ago
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I don't see it having any difference to the trust deed. Both will be on your credit file for 6 years.

Mark

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


   
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(@loupenny)
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Joined: 12 years ago
Posts: 10
Topic starter  

do you have to be on minimum wage to qualify for a LILA? I work part time but earn slightly more than minimum wage, would i still qualify?


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

I believe that it's minimum wage based upon a 40 hour working week loupenny.

If you're working part-time you may well qualify.

Presumably your trustee will have taken this into account when suggesting LILA to you?

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


   
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(@loupenny)
Active Member
Joined: 12 years ago
Posts: 10
Topic starter  

yes they did say i qualified and i spoke to an independant debt advisor who said the same but it was when i read about the minimum wage i got a bit worried.


   
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