i was paying ?ú170 a month i made about 18 payments

Hello darnk0,

This does all seem quite strange.

I suspect our experts may feel that the Trustee should be funding the costs of sequestration?

Definitely. If your trustee wishes to sequestrate you then they have to pay the costs of doing so, you have no obligation to pay these fees for them darnk0.

Ask them what will happen if you do not pay the fees.

i got ermail back saying they are going to resign from case

if they do resign where do i go from here

Hi darnk0,

Hopefully one of the experts will be able to add their comments soon.

It sounds to me that they may be trying to avoid the costs of your sequestration but I'm sure Kevin, Mark or Julie will add their thoughts soon so that you know where you stand and what will happen from here.

i really could do with some advice the last thing i need is my trustee to resign and the creditors start to hassle me again

Hi darnk0

I'm not sure exactly how he can 'resign' If you have a copy of the Trust Deed, it may contain something on this. The usual way to finalise a Trust Deed is 1.Sequestration 2. Final distribution to creditors or 3. Offer of composition to creditors.

If the Trustee is attempting to use no.2 then this is not a resignation, so I'm slightly confused over the method.

Mark

they have told me if i can pay thre ?ú360 then they would resign as my trustee and i would have to find other way to deal with my creditors

By "resignation" the trustee presumably means that they will make a final distribution to creditors as Mark suggests and seek their own discharge, but refuse to discharge darnk0 from his debts, as allowed under the Protected Trust Deeds (Scotland) Regulations 2008.

It is the same issue as johnpaton1969 is facing in another thread, and again I would point to the Accountant in Bankruptcy's Notes for Guidance for Trustees, which says:

"It would not be appropriate to refuse to discharge a debtor because of a change of circumstances which prevents them from continuing to pay contributions."

Seems to me that this guidance may be being ignored by some insolvency practitioners in order to avoid having to pay for sequestration or continue with a trust deed where payments have reduced substantially.

Again, if I were you darnko I would ask for a written explanation of the grounds on which they are "resigning" and see what they. If your change in circumstances is the only reason then you have good grounds to complain I'd have thought.

i have email from my trustee they are closing my trust deed they say it will take 8 weeks to do so i think this because i have said i will not pay the sequestration bill myself when they do close after 8 weeks what do i do now

Have they said that you will be discharged from your debts or not? This is very important. If they are indicating that you will be refused discharge then they must also state their reasons for this in writing.

i am not getting discharged from my debts i thing think they doing this because i will not pay for my sequestration

Well then you should ask for them to provide the reason in writing - they have to provide this by law I believe.

As I say, if you have been cooperating fully all along and the problem is purely a change in circumstances then I would suggest you'd have a strong basis for complaining.

i have b every monthen supplying them with my wage slips every month
i have kept them informed with the situation at work the reason they are giving me is i can no longer pay the sequestration costs so it is best if they cancel trust deed which would take 8 weeks to complete leaving me to deal with the creditors myself i have already been to citizens advice they will help me once my trustee is finished