Hi HAPPYATSEA

If there is no likelihood of a contribution then there would be no real benefit in delaying. I sat with a guy from the AIB and suspect that petitions will be based on the date they are logged in at the AIB's office as opposed to when the sequestration is awarded. By that I mean that if the paperwork is received on 28 March, then don't worry that it will sit in a tray and be looked at after 1st April.

There are a lot of changes and all firms are working through these to see the impact from pre to post change sequestrations.

If you and the trustee have been discharged then you can petition yourself. It may also be that the Trustee is now looking to wait till after April as they can use the AIB to petition for sequestration as opposed to the vastly more expensive court route.

I hope this makes some sense.

Mark

I meant to say there is a new MAP process which should be easier if the debts are not less than £1500 or greater than £17,000, although they require to be in receipt of benefits only.

Mark

Hi , thanks for your reply, thats reassuring, I will contact them again this week to see if any progress,

MAP isn't just for those on benefits only actually. If there is no spare income to pay a contribution once a person's reasonable living costs are met then they may qualify.

However, it is all irrelevant unless your Trustee terminates the Trust Deed, Happy at Sea.

Hello , a month has now gone by since new CFS budget was requested by new case worker (original letter/emails/phonecalls about circumstances started back in November, that case worker apparently had left) Ive been making follow up phone calls to see of progress, and yes it was received, and was apparently logged on new contacts system last week, I havnt been able to speak to them just the receptionist. New caseworker apparently not in office a lot, has home emergency,Getting more and more stressed How long is reasonable for me to wait for any proper dialogue ?

Hi HAPPYATSEA

Do you know if the Trustee intends to petition and appoint the AIB as Trustee or are they looking to continue with the appointment with the sequestration.

I assume they are looking to appoint the AIB and while the guidance is to petition for sequestration in the circumstances described, they could have discharged themselves and allowed you to petiton yourself which seems to be the easier option.

Mark

I have no idea what they intend, Have taken a deep breath and will just have to wait till they get back to me whenever. Would like them to check for the LILA though, the MAPP sounds similiar though for 2 years and if I was discharged would have to undergo financial training ( what is that ? ) In hindsight the The Trust Deed was destined to fail, based on weekly wage slips that I earnt in the summer. When you get housing benefit help in the winter, its based on you keeping £72 approx of your income, and the rest goes to your rent and they top it up. Feel like the 7 payments I made is money down the drain and if fact should have been paying the prority bills I'm now in debt to.( Have been paying £20 per month to TD as I thought I should pay something, the original case worker was off a lot by this point so she just gave me bank details , I put this in as a goodwill gesture, think Ill stop this. Also if they discharge me , what happens ? are the debitors going to contact me again and what do I do if they dont want to sort it out. As you can see head can spin a bit with all this , so another deep breath ! Everybody says 'talk to your TD company' but what if they dont talk to you !

Hi HAPPYATSEA

It's certainly a strange one. if they decide to take this as a sequestration themselves, then it would only be done on the basis that there were contributions payable for the period to cover costs and outlays. If it's not their intention to take it on then the AIB would be appointed.

If the Trustee decides to discharge themselves then you are handed back your debts to deal with. This would allow you to deal with the petition yourself and appoint the AIB and this at least puts things back under your control. However as you say, it's difficult if they won't let you know what's happening.

Mark

Hi I'm trying to think clearly about all this, I must be missing something.
The TD was based upon wage earnt in the summer. Had told season ended in Oct no guaranteed employment after that. I was lucky to get continuation of work but at reduced winter hours (15 hrs week) During winter to receive Housing Benefit, government lets you live on £72 approx and allowed 15p of every pound above this. So TD estimated annual wage £12500. Estimated actual wage this year, £11000 topped up by Housing Benefit and Tax Credits almost similar annual income £12,000 At the original meeting TD told best route as sequestration payment may be same or even more. I just managed payments during summer but not winter. I'm very worried as summer season starts soon and payslips will reflect increased wage, will any company or AIB be basing affordable payments on summer wage again ? thats why I was concerned about getting things sorted during the winter. Checked AIB website and saw application pack, had fright as I'm a Personal Licence Holder which I need for work, its all very scary. Thought I had followed right route last year, acknowledged debt problem, got debt charity advise, co-ordinated with their allocated insolvency company, living on very minimal budget, and now juggling utility payment, my elec comp has let me reduce DD payments for 3 months , but worried that a new company would think this norm payment. Also have to pay money back to friends borrowed for Council Tax bill. If I'm discharged I'm back to square one, and scared will have to pay £150 a month out of an £11000 approx income, and what was this year all about ? Sorry know you cant really help, will just have to wait till TD speaks to me.

Hi HAPPYATSEA.

I guess it's possible you'd be asked to make contributions towards a sequestration in the summer and not in the winter.

Regarding debts to friends, I can't see any allowance being made to prefer the repayment of them over and above your other creditors I'm afraid.

If you have influence over the scheduling of future events you may need to bear this in mind.

Hi, Originally when I sought advice, there was a way where you did a budget review and say pay at least a £1 to creditors, and review again when salary increased, but there was no end date to this, so sought other advice. This is where the TD seems to be a waste of time and money for both sides.

Hi HAPPYATSEA.

I think that all parties to trust deeds have a strong interest in only setting up sustainable arrangements or, as you say, time and money can be wasted.

The unpredictable is difficult to plan for, but this issue that has arisen does sound like to was pretty predictable.