Trust Deed and CSA

[Sleepingonthebus]

ExH has just signed up for a Trust Deed, which means the CSA arrears he owes (in the region of £1000) are gone up in smoke

I'm gutted, and don't understand how he can get away with this.

I don't know why the CSA doesn't become one of the creditors, but apparently that's how it works here (Scotland).

Anyone had a similar experience?

Bump

Hi sleepingonthebus,

I?m a debt adviser and my understanding is a little different to what you?ve been told. I think that the CSA should make a claim on your ex-husband?s trust deed. I?ve just double-checked with someone who works for a trust deed firm and he confirmed that such claims exist on a small percentage of the cases that he handles. If this was done you might, eventually, see some of this money come back to you. I should say that Scottish insolvency law is quite a technical area and I?m not a specialist in it. I don?t know if it?s OK to post links to other sites here, but a good forum to get answers in this area is www.trust-deed.co.uk where there are folks from a few Scottish insolvency practitioners (including the one I just checked with) answering questions like this. I do hope a claim is made and you get at least some of this cash paid in the end.

Thank you for that advice Keli. The CSA say there is nothing they can do. I am going to try the Citizens Advice Bureau next.

The man owns his own house and runs a business. He's not that badly off, so there's no excuse for it.

Hi again Sleepingonthebus.

I think you might be getting duff information from the CSA (believe me... I've been there myself!). I spoke again today to one of the other guys on www.trust-deed.co.uk (have spoken to Mark and Kevin so far) who said the same as before which is that the CSA often submit claims to a trust deed. He also came up with another idea which is that if the CSA will not submit a claim for you then you could do it yourself. That would be a case of submitting details of what is owed to you to the Trustee so that they can consider your claim. If you do not know the name of the Trustee handling this trust deed you may be able to find the "advertisement" of it using the search function on the Edinburgh Gazette website which will have his name and address. The Trustee may want some proof of the debt from you, but exactly what is needed will only be found out once you submit your potential claim. Hopefully, one way or another, you'll end up getting some of this money back.

Excellent advice Keli. I never thought of going direct to the Trustee. I have the details from the Edinburgh Gazette. It's definitely a no-go from the CSA, so I guess I don't lose anything by trying the Trustee. Thanks.

In the same situation would be interested to know how sleepingonthebus got on