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Trustdeed to Sequestration

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(@alan28)
New Member
Joined: 14 years ago
Posts: 2
Topic starter  

Hi i'm looking for a bit of advice.

I started a PTD 14th April 2009, my monthly payments were £480 which seems ok at the time on paper, however when it came to reality i couldnt afford to make these payments. as i was in a bad place at the time, i did not make these payments for approx the first year as couldnt admit that i couldnt afford it. When the Trustee contacted me we agreed a lower payment of £250 monthly which i paid for approx 18 months. I then incurred further monthly unavoidable payments for CSA of £43 per week which meant this amount was then unaffordable again so i contacted my trustee and they asked for copies of my CSA documents and i waited 3 months on them getting back to me. In the meantime i missed these payments waiting on their response due to not being able to afford this. They later got back to me and reduced the payments to £150 monthly which i could have afforded however they never advised when these new payments would start so i assumed this would be the same payment date as previous payments and they had expected this to be different. They looked at this as me having missed another payment and pulled out of the PTD before i could make my first £150 payment. I then contacted them and they advised there was nothing else they could do and that they advised the best option would be suequestration as the payments had be reduced so low that i would be required to pay this for a longer period. (almost 7 years it worked out as)I then asked them what would happen with the money that was already paid into the PTD and he was hesitant and advised this money would just cover their fees and that when i started suequestration everything would start from scratch again, meaning I havent cleared anything from the original debt amount. I have now received a citation from the sheriffs officer advising that i will be made bankrupt on the 7th of March if I dont go to court to appeal. I havent heard from the trustee since and they had advised they would have been in touch with written details of where my money has went.

Can you advise where i stand on this and what has happened with the money i have paid in?
What is the best thing to do?



   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi Alan

There are 2 issues here. Once sequestration is awarded, then any funds held by the trustee will go to the new trustee.

If there are no funds left, then your trustee would have required the consent of the creditors to agree fees and outlays. You should be entitled to a copy of this which will provide a breakdown.

Your trustee has been in office for approx 3 years and the outlays alone plus sequestration costs are likely to be £1000+

Best ask for a copy of their fee circular.

Mark


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


   
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(@alan28)
New Member
Joined: 14 years ago
Posts: 2
Topic starter  

Thanks for your fast response Mark. I'll contact them tomorrow and ask for a copy of their fee circular and a copy of the breakdown of the fees and outlays then take it from there.

Alan 🙂



   
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