Firstly, i'm sorry you've not had a reply from anyone. Secondly I'm sorry that your post was held in moderation, so would not have been visible to everyone. Hopefully, now people can read and comment.

Of course, i don't know the details of your situation, but it sounds like a Trust Deed has been a bad recommendation for you and your circumstances. Unfortunately I hear from too many people who are 'sold' a trust deed that is clearly not the solution for them. I also hear too often about people in a trust deed who can't contact their insolvency company. You should look at their complaints policy and try that in the first instance. Failing that, their governing body can be contacted if you still feel you're not receiving a satisfactory duty of care.

You are right also about a lot of the potential consequences that individuals will face when in a trust deed - it is an important duty of a trustee to make sure that an individual is aware of this and factor these potential consequences into whether a trust deed is the right solution for that individual.

I'd also add, bluntly, that there are better and worse providers of trust deeds in the market. Trust deeds are highly effective solutions for people, but that requires a thorough assessment, and transparency over what that means.

You won't be the only person on this forum to have had these issues, so hopefully others can contribute with their experience and thoughts.

The first point to consider is the exact dates. In normal circumstances, 'acquirenda' lasts for 4 years from the date you granted Trust Deed (not the date on which it became protected). Your entitlement to the compensation arose at the point of the crash, which is the relevant date for acquirenda.

You mentioned you granted the Trust Deed in 2021 and had the accident in 2025. Was the accident within 4 years of granting Trust Deed? If not, there is no need to consider anything further.

If the accident was within 4 years, you may need to seek specific legal advice if the Trustee asserts a claim. The case law that covers re-opening of Trust Deeds focused on "fully discharged" TDs, which yours is not. If pressed for an answer, I would imagine that the Trustee would not have an interest (his/her discharge having terminated the trust created by the TD), however it is appropriate for the solicitor to notify them as a matter of caution.

I wonder if you may be able to help set my mind at ease.

I entered into a PTD in 2021, the trustee discharged themselves and closed the PTD in 2024 due to my circumstances. This was filed with AiB and I was removed from the RoI 12 months later.

I was involved in a car accident in 2025 and have subsequently accepted an offer of settlement in 2026. I have written confirmation from AiB that the PTD was closed in 2024 and written confirmation from the trustee dated 2024 that states "this can be used as evidence of the failure" they also mention their discharge from it.

I sent these documents to my personal injury solicitor, however they remained adamant and have now sought to contact the old trustee given them a timeframe in which to indicate no claim or state a claim. The PI solicitor has already sent me emails with false/confused information, stating my vesting period is up until 2028 when my PTD was granted in 2021 and closed in 2024. I can forgive that as their area is PI not PTD.

As the trustee discharged themselves and closed the PTD in 2024, refusing to discharge me from my debts (which is fine with me), to my knowledge, that trumps the four year vesting period. The car crash was after the closure date by 10 months and the settlement by 2 years.

I am certain that they then cannot garrnish any of the PI settlement as the timeline dates after the PTD closure. It is my opinion that they cannot have a claim against it as it was not an asset present within the PTD timeframe.

I am fully aware that I now need to deal with creditors indepdently and I have payment plans already with them. However, am I right in saying that the old tustee has no claim over the settlement given the trustee discharge, ptd closure and timeframes?

Thank you for your help.

Lee

This is an understandably common area for confusion. Your personal discharge does not bring the sequestration or the DCO to an end; it only releases certain restrictions that are placed on you at the outset. 

The DCO remains in effect for the remainder of the 48 month term and you will be required to continue completing six monthly reviews of your income and expenditure. If you have a surplus income during this time, the DCO will be varied and you will need to make payment of the surplus to the Trustee.

I'm due to end my Trust Deed in January 2027 after having it granted in 2023. I can confidently disagree with NewGuy's comments around living like a monk - I have been the complete opposite to that.

At my annual reviews, I put down my bills alongside living costs for groceries, entertainment, clothing, fuel etc which leaves me with a comfortable amount each month. When I was in my DAS originally, I was given extremely limiting figures for entertainment for example, the DAS would only allow me £20 per month!! My Trust Deed allows me around £150 which allows me to have a social life alongside my working life.... the DAS would have had me stuck in the house 24/7!

The annual reviews have been so simple and straightforward - literally just sending over 3 months bank statements, 3 months payslips and an updated income/expenditure form. My payments have remained the same throughout as bills have increased in line with my salary increasing.

I was very apprehensive about entering one at the beginning but it's been the best thing I've done and I'm so looking forward to January when I will finally be debt free and able to start a fresh :)

Religiously payment has been pushed back due to lack of funds even tho there is money in my account and it usually comes off on the computers second attempt. 

It has been this way for well over a year. 

when I logged into today I read these letters saying payment wasn’t made and to get In touch. It also states they gave me options to repay which they didn’t as I didn’t know about it. I have not received a phone call, an email or had any letters through the mail box as I have changed address. I contacted them about change of address and they informed to get in touch once I received a letter with my name and new address on it which I have not yet had and it has been one month or so since the move. 

in the second letter the arrears quoted an amount of £0.00 

I have missed payment after checking but it was Unkown to me, I have payed what is due and what was missed, 

what I want to know is why was these letters created, why didn’t I receive any other contact via telephone or email for something they appear to be taking so seriously. Is the amount quoted a mistake? Where do I stand with such errors, 

please help,