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Stephcmb89
New Member

6 Posts

Posted - 13 May 2019 :  11:58:43  Show Profile  Reply with Quote
My trust deed in the hands of Pinnacle, have been contacting me advising me that my account is in arrears of £87. This is due to various reasons going back to the beginning of the trust deed. I'm not denying the arrear but when I suggested that I make this payment in january as an extra payment to my trust deed (my final payment is due in december), I was told that this would incur additional charges which I would have to pay. I find this ridiculous considering the fee's they are already taking and the actual debtors get very little. Is this correct that they can charge me addition fee's??

Steph

David Tannock
Trust Deed Expert



2174 Posts

Posted - 13 May 2019 :  12:05:33  Show Profile  Reply with Quote
Hi Stephcmb89,

It does sound a little unusual that they are charging additional charges. Itís tricky to advise you on this without knowing what they actually mean in terms of these additional charges.

For example there are outlays in a Trust Deed that are not part of the fee that companies make. The Accountant in Bankruptcy charge a supervision fee for each year someone is in a Trust Deed. The longer the Trust Deed runs the more of a fee/outlay is to be paid to the AIB. These fees come from the money you pay in and therefore I canít see it being something like this.

In terms of the actual fee that a Trust Deed company charges this is normally a set fee plus a % of the funds that they ingather.

Iíd ask them to confirm in writing what additional fees they expect you to pay and we can then take it from there.

My firm would simply extend the term by 1 month to allow the arrears to be paid and then move to close off your Trust Deed, discharge you and make payment to the creditors.

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Kevin Mapstone
Trust Deed Expert



3753 Posts

Posted - 13 May 2019 :  12:33:47  Show Profile  Reply with Quote
When you enter a Protected Trust Deed your only obligation is to pay whatever you can afford for 4 years and allow the value of any significant assets to be gathered in by the Trustee. You aren't liable for any fees directly yourself - these should be taken out of the funds that the Trustee has gathered in.

However, I guess if the delay means that there is an extra £100 supervision fee they could argue that in order that the creditor position is not made worse then you should make up the difference if you wish to be successfully discharged. Not something we would normally do, but I suppose it is a justifiable position from your trustee if this is what it relates to.

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Stephcmb89
New Member

6 Posts

Posted - 13 May 2019 :  12:45:52  Show Profile  Reply with Quote
Ok, so I just spoke to them again and asked for specifics. They said the charges would be for

- accounts + bankruptcy supervisory fee £100
- bond fee/insurance £12

Steph
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David Tannock
Trust Deed Expert



2174 Posts

Posted - 13 May 2019 :  13:41:51  Show Profile  Reply with Quote
Hi Steph,

This makes sense but not something that Iím familiar with as we donít put these extra costs onto the debtor.

Those costs are direct costs of the case and donít form part of the Trustees actual fees.

Could you pay the arrears of £87 rather than extend the Trust Deed? This could avoid the extra £112 that your Trustee is proposing to charge you.

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Stephcmb89
New Member

6 Posts

Posted - 13 May 2019 :  15:55:14  Show Profile  Reply with Quote
Yes I'm going to have to find the £87 and pay it before December to avoid being charged this fee.

Steph
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