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Worst thing I ever signed - trust deed

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 jp73
(@jp73)
Active Member
Joined: 14 years ago
Posts: 16
Topic starter  

Hi, first post on this very interesting forum. Wish I had found it years ago. Anyway my tale of woe as follows.
Entered into a protected trust deed in October 2004 with AFS. Always with the intention of re-mortage and paying off early.

21st October 2007 a date that will stick with me for the rest of my days. Offer of 100 pence in the pound on top of the monthly payments to date. Five months later and after countless calls, letters, solicitor's recorded delivery mail, etc we are granted a conference call with my trustee. The information given during the call did not relate to the trust deed I signed !! Sign of worse things to come.

We all know what happened in early 2008 when the markets went into melt down, 6 months after the mortgage offer was made the lender pulled the offer from the table just as AFS went out of buisness.

Anyway time rolls on and a new trustee is appointed, I continue to make 6 full years payments, I hand my car back to be sold,etc and then nothing, silence for the next 14 months and then a letter asking me to reply in 14 days with my proposal to pay off the equity in the house. Oh and by the way we know of the problems you had with your previous trustee but he-ho life sucks sometimes now cough up the cash or prepare for a letter from the Sheriff.

On a side note, the car was 30 months old, did not require an MOT. It was left at a dealers for a year who then put in a claim for storage, the car was then sold at auction (under instruction from the trustee) and the money that should have went into the deed was paid to the garage. £4500 book value at that age.

Gross professional misconduct or just that once you sign they can then do whatever they want but you still have to carry the can ?


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

Hello jp73 and welcome to the trust deed forum.

I'm really sorry to hear of the difficulties that you've experienced.

How much are you being asked to pay in lieu of the equity in your house?

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


   
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 jp73
(@jp73)
Active Member
Joined: 14 years ago
Posts: 16
Topic starter  

Hi, they have written to say that they want my full share. The trust deed is in my name only but the house is joint with my wife. After their drive buy valuation the trustee has calculated that there will be a plus balance of £68k and once split they want it all.

This would have been so easy back in 2007 if they had accepted my offer back then.

A little ironic if it's true that the orginal IP went bust when he was paid to look after my affairs. Doomed from the start methinks....


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

Hi again jp73.

Do you agree with the valuation?

Is there any prospect of you raising any kind of lump sum without selling the property (assuming that staying there is a priority for you)?

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


   
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 jp73
(@jp73)
Active Member
Joined: 14 years ago
Posts: 16
Topic starter  

Hi, I will challenge the valuation but as they have stated before all they want is money, wether it comes from the direct sale or from auction. I have no problem with paying back the debt,it was my debt in the first place, just that 7 years down the line and I am not one step further on. If I had declared bankruptcy and sold the house in 2004 then all this would be in the past.

To this day the IP can not tell me why they did not accept my offer in 2007. Accepting that offer would have put more money into the trust deed than what they will recieve from my half share less fees.

I must sound like a right old Victor Meldrew !!


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

Not at all jp73.

While the vast majority of trust deeds proceed as expected (and achieve the expected results) we do hear in this forum of too many occasions where things really should have been better managed.

However you choose to proceed I wish you well.

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


   
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(@annmarie)
Eminent Member
Joined: 14 years ago
Posts: 30
 

tda in your view what is the best option for complaining about bad management throughout the trust deed


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

Hi annmarie.

Anyone who feels let down by the service they receive should initially give their Trustee the opportunity to fix things by addressing the matter with them personally and directly (usually in writing). Most often this will be sufficient to get things back on track.

If they then feel that the matter still hasn't been resolved they have the option to contact the professional body of their Trustee. This might be, for example, ICAS. Details of the relevant body will be on paperwork sent out by the trust deed company.

The Accountant in Bankruptcy also has a supervisory role in connection to trust deeds and is another potential point of contact.

Another possible avenue is the Financial Ombudsman Service. Again this should not be used unless the internal complaints procedure at the trust deed company has already been followed through.

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


   
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 jp73
(@jp73)
Active Member
Joined: 14 years ago
Posts: 16
Topic starter  

Just a quick follow up but I made contact with the AIB and they directed me to the trustee and failing that to there governing body.

Very nice people to talk to but they claimed that their main role was to administer the paperwork,etc.

Perhaps after a complaint has been raised the AIB would or could become more involved. Anyone any thoughts on this ?

On a side note, anyone have any experience of legal action being taken against a trustee or the company they work for ?


   
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 jp73
(@jp73)
Active Member
Joined: 14 years ago
Posts: 16
Topic starter  

Sorry for 2 posts in 1 day but I have went back through some of the old threads and I now have more questions than answers for my own situation [:(]

Two quick points if anyone can answer them please.

When I signed the trust deed in 2004 the house had a positive equatiy of £780. Would this be the sum that has to be paid or the drive-by valuation at the end of the trust deed ? I think I know the answer to this question but...

I to have recieved a report sent to my creditors last year detailing all payments made in accordance with the trust deed and that payment will be as per the orginal payment scheme (which all my creditors signed and accepted) which was £0.12 in the £. What does this mean, is it just a staement of fact or ?

Thanks again for any help.


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

Hi jp73.

The valuation point that is relevant in this instance would appear to be the current valuation unless you were specifically advised otherwise at the time of signing?

Does the statement you have make any reference to the equity in your house or is it based solely on the monthly contributions?

It is the professional regulatory body that can hold a Trustee responsible for their work. The Financial Ombudsman can award redress to consumers of financial services where they have been unfairly treated and have lost out as a result. There are some examples of how this actually can work in reality on their website.

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


   
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