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star99
New Member

4 Posts

Posted - 23 June 2020 :  14:53:34  Show Profile  Reply with Quote
Hi, Iím hoping to arrange a trust deed for my mother due to her having mental health issues and financial difficulties. She has a court hearing on Friday versus Cabot financial who are applying for an open decree with expenses. Can this debt be included in a trust deed?
I have advised them and the court o was getting debt advice on her behalf, the solicitor has replied saying they will consider a repayment plan if she can fill in an income and expenditure however itís £50 a fortnight and thatís too much I feel especially with her wages being lower due to furlough also.

Thanks in advance

m steadward

TDA (Debt Adviser)
Trust Deed Expert



13402 Posts

Posted - 23 June 2020 :  15:14:56  Show Profile  Reply with Quote
Hi star99.

I'd suggest getting in touch with a debt adviser ASAP.

You may not be able to stop the decree but you can potentially stop Cabot Financial from doing anything with it (like a wage arrestment) for a significant period of time afterwards.

This buys time to make an informed decision about a debt solution, within which this Cabot debt will still be included.

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Paul McDougall
Trust Deed Expert



67 Posts

Posted - 23 June 2020 :  15:50:05  Show Profile  Reply with Quote
Afternoon Star99

Any unsecured debt can be included in a trust deed. A trust deed is one solution to deal with debt but there are others as well.

As TDA advises, you can prevent Cabot from enforcing the Decree and this is called a Moratorium. In summary, it allows an individual a 6 month period to consider their options without enforcement action.

Kevin or I would be happy to talk you through the process.

P

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Kevin Mapstone
Trust Deed Expert



3859 Posts

Posted - 23 June 2020 :  17:17:05  Show Profile  Reply with Quote
Hi Star99.

Have you had any specialist advice already about your mother's options, or are you thinking about a Trust Deed based on your own research? As the others have said, this is essential to ensure that all appropriate options are considered - or unsuitable ones ruled out.

Normally I would ask for more information from you to try and get a picture as to what might be appropriate. However, as we are talking about a third party here then it would probably be more appropriate not to do that on the open forum. You should feel free to contact any of the experts on the site by clicking through to get proper advice though, or alternatively your local advice agency.

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star99
New Member

4 Posts

Posted - 24 June 2020 :  16:51:47  Show Profile  Reply with Quote
Hi,

Thanks so much for your replies, Iv been in contact with Phil and have some info to gather and forward it on so the best course of action can be advised. Iím gathering this info now and will send it on, Iím pretty sure it will be passed on to Paul if I understood correct.
I really appreciate you all taking the time to reply and giving advice.

m steadward
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Kevin Mapstone
Trust Deed Expert



3859 Posts

Posted - 24 June 2020 :  20:47:53  Show Profile  Reply with Quote
I'm pleased to hear that - your mother will be in safe hands.

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