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What would happen if your TD Trustee, went bust?

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(@leeper1974)
Trusted Member
Joined: 14 years ago
Posts: 84
Topic starter  

What would happen to your payments thus far? Just curious...


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

A new trustee would be appointed and any funds available for creditors would either be shared out between the creditors or transferred into the possession of the new trustee.

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


   
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(@leeper1974)
Trusted Member
Joined: 14 years ago
Posts: 84
Topic starter  

So ALL your contributions would be safe?


   
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(@pamjo)
Reputable Member
Joined: 14 years ago
Posts: 355
 

I'm guessing depending on what stage, matbe none of the creditors started getting paid yet if your contributions have been too few to cover the set up fees and costs first?


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

Hi leeper1974.

You wouldn't be affected apart from a change of Trustee.

The money is ringfenced.

Even if the worst were to happen, the money is insured I believe.

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


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

Hi leeper1974

Despite what people think, trustees are legally required to set up individual trust accounts for every trust deed. Monies in trust deeds are paid to these accounts and these are separate from the trustee's own business.

So all in all, it's safe.

Mark

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


   
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(@candlewick)
Reputable Member
Joined: 14 years ago
Posts: 309
 

I wouldn't be that worried about the money you've already paid - for all the reasons that have already been given.

I'd be more worried about the kind of thing which you should get in writing at the beginning of any TD. Like how you're going to deal with any equity in your property.

So, if you had a gentleman's agreement with your original trustee that you'd pay tuppence ha'penny for the equity in your property, but didn't get ahything in writing, then the new trustee might pursue you for the full amount.


   
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