Welcome to the trust deed forum Hellandback.

Until a trust deed becomes protected creditors can take legal action if they wish. Was legal action underway prior to you signing your trust deed?

I think the thing to do now is to contact your trust deed firm as soon as possible and seek their guidance on what to do next.

They will understand that there is only so much you can afford to pay towards your debts in total, and this includes the wage arrestment together with your trust deed.

Hopefully they can suggest a solution that works for all involved even though there has been this development.

If I come out of TD. Ow can I declare bankrupcy and would that inc this debt as its too big a sum of money to run alongside TD payments

Hi hellandback

Interesting point. Was the Trust Deed signed before the date the arrestment was served?

This is the key point. If the trust deed was signed and and later the arrestment was served, then the trust deed is protected, then the arrestment should fall. The key date is the date of signing, not protection.

Also, which creditor is it and who are the solicitors.

Mark

Got letter today dated 17th jan not sure if that means today is the date of serving? I signed trust deed few days before Xmas so not yet protected- the creditor is royal bank of Scotland - I really don't know what this means for my trust deed as its not protected yet and I can't afford both

Hi hellandback

Normal practice would be for you to be served with arrestment from sheriff officers.

Can you confirm exactly what was received and who it's from. Was it a solicitor or sheriff officer?

Mark

What I got was a letter through the post which is a copy of what had been sent to my employer to arrest wages the solicitor is Anderson strathearn

It's a wages arrement sent to my work from sheriff officers instructed by Anderson strath earn- this is the first I knew of it

Hi hellandback

Best idea is to send this to your trustee. It will be fine.

Your trustee will contact sheriff officers who will contact Anderson Strathern who should cancel the arrestment.

I've dealt with them loads of times and have 100% in getting it stopped.

I'm sure it will be fine.

Mark

Can it be stopped even if TD hasn't been protected yet? I'm out of my mind with worry

Hi hellandback

Yes, the protection is not the key date as such, but they may wait until the 5 weeks are over and protection is confirmed before withdrawing it.

Mark

If they do that then I will still lose a chunk of my salary and how do I make my TD payment- this is a nightmare

Hi Hellandback

That is why it needs to be referred to your trustee to resolve.

Mark

HI Mark

With regard to sequestration, what is the situation re. wages arrestment.

I seem to recall a time period applying-? 60 days-is that to do with the application date for sequestration or the award date?

If the time has passed, 60 days from application and award not yet received, does this mean arrestment will stand?

my wife was Squestrated and ended up with a decree awarded for company debit prior to sequestration. We were told by the court to send the certificate in before the court date and it would be sorted....... and guess what cant get it recalled now. no help from trustee cort gave us duff information and the decree will remain unsettled forever as the RT will only remove if paid..... in full!