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Alasdair1980
Regular Contributor

15 Posts

Posted - 01 November 2021 :  12:08:52  Show Profile  Reply with Quote
Hi all,

Looking for some advice please,

Prior to being out on furlough this year I contacted my trustee to advise of increased childcare costs as my wife went back to work post maternity leave, at this point they agreed to reduce my monthly payments. When I then went on furlough they indicated some of my costs wouldíve decreased and my payments should remain at this new agreed and reduced level level. Never any mentioned of this being paid back at the end of the trust deed and I asked for clarity on that which they confirmed.

I have continued to make these payments religiously without any issue.

I have now just received an email saying they are looking for me to increase my payments back to the original amount and they are looking for the backdated amount from when it was originally reduced.

This is seriously affecting my mental health, out of the blue emails demanding cash without following the correct review process.

Iíve asked for a GDPR request and Iím also looking to make a complaint to the AIB, Iíve never shied away from my responsibilities however the conduct and communication from this organisation Is truly atrocious.

Any advice would be gratefully appreciated

Alasdair

TDA (Debt Adviser)
Trust Deed Expert



13851 Posts

Posted - 01 November 2021 :  13:55:16  Show Profile  Reply with Quote
Hi Alasdair1980,

Have you asked for their justification of why they've changed their position?

Are you in a position to demonstrate to them that they have changed their position from their initial confirmation to you?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds    
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Alasdair1980
Regular Contributor

15 Posts

Posted - 01 November 2021 :  14:16:38  Show Profile  Reply with Quote
quote:
[i]Originally posted by TDA (Debt Adviser)[/i]
[br]Hi Alasdair1980,

Have you asked for their justification of why they've changed their position?

Are you in a position to demonstrate to them that they have changed their position from their initial confirmation to you?



Yes I have the original email correspondence and Iím more than happy to do the current status reports.

Where do I stand legally on this? They are completely deviating from what was agreed.

My understanding is that the person that manages my account went on maternity leave and my reduction was agreed by another employee. Now that they have returned they seem to have decided to completely go against the agreed position.

Alasdair
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Alasdair1980
Regular Contributor

15 Posts

Posted - 01 November 2021 :  14:27:00  Show Profile  Reply with Quote
quote:
[i]Originally posted by TDA (Debt Adviser)[/i]
[br]Hi Alasdair1980,

Have you asked for their justification of why they've changed their position?

Are you in a position to demonstrate to them that they have changed their position from their initial confirmation to you?



Yes I have the original email correspondence and Iím more than happy to do the current status reports.

Where do I stand legally on this? They are completely deviating from what was agreed.

My understanding is that the person that manages my account went on maternity leave and my reduction was agreed by another employee. Now that they have returned they seem to have decided to completely go against the agreed position.

Alasdair
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Kevin Mapstone
Trust Deed Expert



4029 Posts

Posted - 01 November 2021 :  15:31:27  Show Profile  Reply with Quote
We are not legal advisers, Alasdair, so you should consult a solicitor if you want advice on where you stand legally on this matter.
The trustee is regulated primarily by the Professional Body that granted their licence. If you are unhappy with the trustee's response to any complaints you raise with them then you have the right to take your complaint to the professional body instead.
Without knowing all of the intricacies of your situation and the correspondence with them I wouldn't want to comment on whether you have a good cause for complaint or not. However, if they are aware that you are considering such a complaint then it might help focus their minds on ensuring they treat your concerns with sufficient priority.

Recommended Partner & Trust Deed Expert - Ask me for help setting up a Scottish Trust Deed
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