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Scottish Trust Deed Forum
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Topic starter
02/04/2013 3:43 pm
Hi there, I'm messaging anyone who can advise my cousin on where this company has gone wrong with his trust deed 🙁
He had arranged the trust deed last April '12 and it was agreed that he would pay a higher rate for 6x months of the year as his job is seasonal thus leaving him with any relief/part-time wages to tide him over the winter months.........his final payment was taken at the end of oct. '12.....he went to go & buy his lunch on the first day he was back at work 28/03/13 and his card was declined....the trust deed team had tried to start taking the payments again & have taken his last £100 plus incurred him loads of bank charges as the payment has now put him into an un-authorised over-draft 🙁 also he now has no money to see him until his first wage at the end of april (paid monthly) when he contacted the company (wilson andrews) to find out what was going on they stated he had agreed to 8x monthly payments & that was the date they were starting again.....how can they take money without prior notification??? He challenged them over them taking money without his knowledge & they kept harping on about how he agreed to pay over 8x months.....he never agreed to that as his job is seasonal & only lasts April-October (he is looking for more permanent work!) so he never would have agreed to 8x months 🙁 also they have his earnings down as £17.5k per year....it's not that amount at all as he only works 6x months & that amount is pro-rata so basically it's barely half that amount though they are saying he agreed that is what he earns which it clearly isn't. He has been passed onto 3x different people since starting up this trust deed & it seems the original person who set it up (as 6x monthly) no longer works for them & no-one seems to understand why it was set-up as 6x monthly and will not listen when he explains this to them. They were fantastic when the trust deed was being set-up they were soooo helpful nothing was a problem & now they are downright horrible to him whenever he tries to contact them & they are just not prepared to listen. They are expecting him to continue paying the 6x monthly higher rate for 8-12months and no-one will listen when he explains that the only reason it is that rate was because it was for 6x months....he's at his wits end with them & becoming ill because of them. He feels he would have been better off dealing with the debtors himself & never going near wilson andrews.......can he change companies?? He feels he's being passed from pillar to post & no-one will help him 🙁
any idea anyone on how to sort this???
02/04/2013 4:13 pm
Someone from the firm is normally on the site, so hopefully they will read your post and resolve things as it really is something only the trustee can deal with.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
02/04/2013 5:43 pm
Does your cousin have the original correspondence from when the trust deed was set up? This should confirm what he signed up to.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
02/04/2013 5:58 pm
I think the post highlights the need to have everything confirmed in writing before doing anything, especially equity and how this will be dealt with.
In meeting I had last week, they had spoken with & met with someone from another 'feeder' firm & although a valuation was instructed, the position on future equity etc was not at all clear. Of greater concern was the level of fees where it was obvious they had worked the numbers to produce the minimum dividend acceptable. To the point where one set of fees were in excess of the other, despite the 1st having a lower contribution and no particularl difference.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Topic starter
02/04/2013 7:20 pm
@Kevin Mapstone.....he has every single piece of paperwork ever sent to him & all it states is that he has agreed to 29monthly payments of £341 which @ 6months was 4.5yrs this is what he agreed but they are saying it's not it's over 8months & they keep quoting the "29months" that he agreed to.....like I said the 29months was agreed as it was in 6x monthly blocks 🙁 all they've agreed to do is go over the phone call recordings but they are still expecting him to pay when he hasn't got a wage yet & they've taken his last penny...literally!!!! :O
The way things are going he'd quite happily go bankrupt to get away from them 🙁
02/04/2013 11:38 pm
Hi janjan78.
Bankruptcy isn't an option given that the trust deed remains in place.
Hopefully the call recordings will confirm your cousin's paperwork and understanding of the agreement.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
03/04/2013 3:59 am
It's easy to say in hindsight, but written agreements are worth their weight in gold, no misunderstandings everything written down is the only way, I hope your cousin gets it sorted as it seems he is losing out big time.
Don't know how many times it has been said on here,but people get it in writing every last detail, leave nothing to chance.
03/04/2013 11:08 am
Dear janjan78,
I'm sorry to hear that there's been some misunderstanding surrounding your cousins Trust Deed.
I know that a Relationship Manager has since spoken to your cousin and they're happy with the outcome of the conversation.
Going forward we need to ensure that payments are in line with the original agreement, but also that they remain affordable, and this is something we are looking into for your cousin.
Thank you
Ian Williams - a member of the team at Wilson Andrews
