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Worried sick!!!!

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(@tweet2)
Active Member
Joined: 14 years ago
Posts: 5
Topic starter  

I have signed a trust deed, and Im now worried sick that it will fail to become protected. I dont think my creditors will accept it because of the trustee charges. I am £15,000 in debt and have agreed to pay 36 monthly payments of £197 (which will be tight as I am only on a students income and child tax credits for my 2 kids)
My trustee sent me a copy of the proposals sent to my creditors which shows my contributions amount to £7000 but the fees are £5650. Can I cancel the trust deed and apply for my own sequestration as it only looks as if the trustee is gaining from this Trust Deed.

Comments greatly appreciated.


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

Hi tweet2

No the only options would be for the trustee to petition if you failed to co-operate ie stopped paying etc.

Was sequestration, DAS etc not fully discussed with you?

Mark

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


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 16 years ago
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Sorry meant to say, if it doesn't become protected, then sequestration will be the next step anyway.

Mark

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


   
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(@saabrina)
Estimable Member
Joined: 14 years ago
Posts: 148
 

RSM Tenon are my Trustees. I have received nothing from them since I sent back signed documents. I didn't meet anyone, it was all done by post. Should I have received a copy of the proposal that went to my creditors? Should I have been made aware of what their fees will be? I would also like a copy of the budget we agreed, will that be possible? Tomorrow is D day, that will be 5 weeks, keeping everything crossed that my TD becomes protected.

Saabrina


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

Hi Sabrina

You should be copied into the creditor circular which gives all the info.

Remember the 5 weeks is from the Gazette date, not the signing date.

Mark

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


   
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(@saabrina)
Estimable Member
Joined: 14 years ago
Posts: 148
 

I signed the TD in May Mark. Tomorrow is 5 weeks from publishing. Any clues as to why I've not been given copies?

Saabrina


   
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(@tweet2)
Active Member
Joined: 14 years ago
Posts: 5
Topic starter  

Thanks Mark,

My trustee only briefly mentioned LILA but I wanted to pay my debts, I felt sequestration was like running away from my debts. I wish I had known about their fees before signing the trust deed as I would have avoided it, it just doesnt seem fair on my creditors. I guess all I can do is wait and see if it does become protected although I wont hold my breath!


   
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(@tweet2)
Active Member
Joined: 14 years ago
Posts: 5
Topic starter  

Hi saabrina, Im not sure I would have thought that you would have received some papaerwork as they have to write to your creditors just after they advertise your trust in the paper? I received a copy of my trust deed notice from the paper and a copy of my creditors letters a few days after the notice was advertised.


   
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(@tweet2)
Active Member
Joined: 14 years ago
Posts: 5
Topic starter  

Hi Mark,
Can I just clarify if trust deed doesnt become protected, then is it my trustee who will set up sequestration?


   
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(@saabrina)
Estimable Member
Joined: 14 years ago
Posts: 148
 

Well now I'm really worried. I haven't received a thing. Nothing. Not even a confirmation to say that the documents were received. The only reason I knew it had been in the gazette was because I checked myself. Don't know what to think now. Phoned trustee last week to see if any objections had been raised so far. I was told none, but if they were going to object it would be at the last minute. Again, I was told that everything would be fine and I would get a call tomorrow to confirm if TD had become protected or not. Think I'd rather have the documents than a phone call.
Mark, could you please reply to my other questions re being told about the fees and a copy of the budget. Thanks.

Saabrina


   
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(@peter)
Eminent Member
Joined: 14 years ago
Posts: 42
 

Hi tweet2

if i was you id ask my trustee to justify the £5650 they are charging.
the guidelines on fees by companies recommended on this site are between £2500 AND £4500.If you only owe £15000 then i cant see the reason you are being charged this much presuming you only owe a few creditors it is on the high side.

As regards the trust deed becoming protected ,the trustee must know what they are doing by offering your creditors such a low amount.

If it doesnt become protected i think you can petition for your own sequestration by filling in a form, might be a better route for you...good luck


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

Hi Saabrina

No, you should have been copied in. Best phone and have it re sent.

Mark

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


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

Hi tweet2

Yes, he will organise that for you.

Please keep us posted on how things go.

Mark

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


   
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(@saabrina)
Estimable Member
Joined: 14 years ago
Posts: 148
 

I got a call from RSM Tenon today to say that there had been no objections to my TD. I was really worried that of my £23K debt most of it was with the bank between CC, loan and overdraft and I thought they'd object.
With regards to being copied in on proposals to creditors and notification of fees, for whatever reason I didn't get them, they are geing resent.
Trustee will now prepare documentation to have TD protected.
I will sleep much easier tonight than I did last night.

Saabrina


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

That's wonderful news saabrina. Congratulations to you.

I hope you had a good sleep last night?

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


   
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