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F E Smith
F E Smith, Advocate
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In a Trust Deed is there a set time scale I.e 4years after

Resolved Question:

In a Trust Deed is there a set time scale I.e 4years after which debts cease
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

Could you explain the background to your question a little more please?

F E Smith, Advocate
Category: Law
Satisfied Customers: 8978
Experience: I have been practising for 30 years.
F E Smith and 2 other Law Specialists are ready to help you
Expert:  F E Smith replied 7 months ago.

I told you that I would confirm what we spoke about.

If there was an obligation under a deed of trust to do something within a period of time (three years for example) then the limit on enforcing that payment is 12 years under the terms of the deed. An obligation under contract has a time limit of 6 years.

With regard to the creditors, under section 77 of the Consumer Credit Act a debtor is entitled to have a copy of the agreement which was signed in respect of the loan and under section 78 a copy of the agreement for any rolling credit, credit card or overdraft. Until the creditor has supplied a copy, then under subsection 1 and 4a they are not entitled to enforce the agreement.

You have to send the statutory Superman pound in respect of each agreement.

It may be that the debt collectors are just debt collectors it may be that they have bought the debt. If they are just debt collectors then they are not entitled to issue legal proceedings because they are not solicitors. They may threaten it but they would have to instruct solicitors to deal with those proceedings. Collectors usually try to intimidate people into just paying..

If they have bought the debt, they can if you legal proceedings in their own right but you are entitled to see a copy of the assignment showing that the debt has been transferred to them. Ask them whether the debt has been assigned to them and if so, to forward you a copy of the agreement.

If a debtor has died and leaves no assets, then the debts die with the deceased. If there are assets, they are divided equally between the creditors after the payment of funeral expenses.

Relatives are not responsible for deceased creditors debts

Can I clarify anything else for you?

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