The Trustee's fee is a fixed percentage of your contributions in to the Trust Deed, typically 20%. In addition a fixed fee is also charged for the initial work done on achieving protected status of your Trust Deed.
The overall level of the fee varies according to your individual circumstances and the fees will not be charged until your Trust Deed is signed. The fees are agreed with your creditors and the Trustee will be paid before any money is available to them. Below is a breakdown of the service provided:
This is a fixed fee for the advice stage and preparation of the Trust Deed and all other necessary documents. The fees charged are based on the standard charges of this company and are in line with our competitors.
PREPARATION OF THE TRUST DEED DOCUMENT
This is the document which explains why you are unable to pay your debts and includes full details of your financial position. The document will list all your assets and debts and provide a summary of your household income and expenditure, which will show what you can afford to repay. The estimated costs of administering the Trust Deed is also shown so that creditors can see what percentage of their debts is likely to be repaid.
ABOUT YOUR PAYMENT
ENSURING THE TRUST DEED ACHIEVES 'PROTECTED' STATUS
If it is unlikely that your debts will be paid off in full, your lenders will be effectively bearing the costs of the trustee's fees and therefore they may seek to alter the amount we propose to charge for administration. Accordingly the trustee will negotiate with your lenders to reduce the chances of them lodging an objection to your Trust Deed becoming protected. If we cannot secure the required acceptance the Trustee will advise you of alternative approaches to managing your debts.
ADMINISTERING THE PROTECTED TRUST DEED
Following your Trust Deed being granted protection, it is the Trustee's role to ensure the terms of the Deed are followed for its entire duration with monies being collected and then distributed to your creditors.
If you are proposing to introduce any assets into the Trust Deed, for example home equity by a remortgage or an extension of the term, the Trustee will check that this is done in accordance with the terms of the Trust Deed
The Trustee will check that the claims of your creditors are correct and will then arrange to make regular repayments to your creditors during the course of the Trust Deed.
ABOUT OUR FEES
All our fees are included in every one of your monthly payments.
If your Trust Deed does not achieve “Protected" status we will continue to take monthly contributions to cover the set up costs of the Trust Deed and the Trustee will then decide what route your agreement should take.
Once you enter into a Trust Deed it is important to keep up the proposed payments. If you fail to do so, the Protected Trust Deed may fail, and result in your sequestration or you may be handed back to your creditors without discharge from your debt.
We will explain the fees and expenses we propose to charge in a letter to you, however any changes will be negotiated with your lenders when annual reports are generated after the signing of the Trust Deed.
If your Trust Deed becomes "Protected", the Trustee's fees will be deducted from the contributions you pay into the Trust Deed. The Trustee will also deduct any outlays that are incurred during the administration of your Trust Deed. The outlays payable will be estimated in the Trust Deed document itself but the final amount of these outlays may vary from this estimate.
Your initial payments will be used to pay the Trustee's fees and expenses incurred before any payments will be made to your creditors. If the Trust Deed fails you will remain liable for payment of any outstanding Trustee's fees and the balances of your debts, which are likely to have gone further into arrears.
Once you enter into a Trust Deed it is important to keep up the proposed payments. If you do not keep up the proposed payments the Trust Deed may fail. If the Trust Deed fails you will remain liable for payment of any outstanding balances to your creditors. Your debts are likely to have gone further into arrears.
Your credit rating is likely to be affected for up to 6 years after the Trust Deed has been approved. After this period you may find it difficult to obtain credit.