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TRUSTEE DISCHARGE

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(@gresgow)
Estimable Member
Joined: 15 years ago
Posts: 172
Topic starter  

If my trustee was to seek to be discharged from my trust deed - what would this mean?

Thanks



   
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(@plasticdaft)
Noble Member
Joined: 17 years ago
Posts: 1594
 

did you finish paying your trust deed successfully?

Paul


Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


   
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(@gresgow)
Estimable Member
Joined: 15 years ago
Posts: 172
Topic starter  

Sorry

I did not phrase my initial question correctly.

If my Trustee was to seek their discharge citing non-compliance by myself.

What would the consequences be then?



   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

You'd be reunited with your debts gresgow and your creditors could pursue you again.

What's happened?


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


   
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(@gresgow)
Estimable Member
Joined: 15 years ago
Posts: 172
Topic starter  

Nothing in particular has happened. I have had a few disagreements with my Relationship Manager which brought about a change in the person that I now deal with.

I am now going to ask to miss a couple of payments due to some things needing done in the house. I am going to ask to increase my payments to cover this as I am going to have some additional income due to letting out a room to a family member.

The reason for my concern is the fact that my payments were increased along with the period of the trust deed to allow me to keep my home.

I worry that my Trustee becomes fed up with the situation and tries to get me to sell my home to pay debts.



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

Hi gresgow

With the 2008 changes, a trustee can discharge themselves from the trust deed and effectively hand you your debts back.

This would/should always be a last option though.

Mark


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


   
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(@gresgow)
Estimable Member
Joined: 15 years ago
Posts: 172
Topic starter  

If his were to happen, what would happen to the money that I have already paid into the trust deed? I have been advised that the trustee's fees are £6600 and to date I have paid just over £7500.



   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

The money would mostly be swallowed up in fees gresgow, if not all of it if more work were created by this.


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 gresgow,

I would be surprised if your Trustee resigned from office for a couple of missed payments having come so far in your Trust Deed.

Even having a disagreement with your Relationship Manager shouldn't be enough for the Trustee to resign. As Mark said, this is normally a last resort.

How many payments would you be looking for a payment break for and are the things needing done in the house essential at this moment in time? If you can show that it is then the Trustee may be more understanding.


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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

It would be a crying shame for it to fall apart now. As Davids says, this is probably very unlikely. Whilst there is no guarantee that your trustee will allow you to miss a couple of payments, there is often room for flexibility in these things and surely there is no harm in asking the question


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


   
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