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What happens to funds if trust deed fails?

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(@mccannrfc)
New Member
Joined: 11 years ago
Posts: 2
Topic starter  

My trust deed has failed after successfully making payments for 2 years and 7 months of a 3 year trust deed I have missed 3 payments and they are saying it will now be ended and has failed. What happens to all those contributions I made?


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

Hello mccannrfc.

What's caused you to miss these three payments?

In the scenario you describe the trustee would take their fee from the funds contributed and any remainder would be shared around your creditors.

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 mccannrfc and welcome to the forum,

It's unusual for a Trustee to ÔÇ£failÔÇØ a Trust Deed on the basis that 3 payments have been missed.

I would request that they set out in writing the reasons why they feel your Trust Deed has failed especially when you are almost at the end.

In a scenario where a Trust Deed fails, normally this is down to persistent non-payment or non co-operation and as a result the Trustee will have had to carry out additional work which means increased costs. It can often be the case that there aren't actually and funds left over after the Trustee takes their fee. If a Sequestration petition is presented to court to declare someone bankrupt for failing to co-operate then any funds that the client has paid in will also be used to cover these legal costs. No funds are therefore passed back to the client.

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


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

Hi mccannrfc

You posted previously about settling early. Is this option still available?

Mark

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


   
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