Hi uncleben

No, however a Trustee can look at not discharging an individual etc.

Mark

Thank you for that. I am now just waiting to see what the Trustee will do as that is over a year now since my sister quit her job and disappeared and I suspect she has not contributed anything to the TD since. They do know where she is now but as she now has no earned income a PTD surely can no longer be appropriate.

Hi, it may well be that the trust deed has already finished under Regulation 19 . This allows the Trustee to be discharged, but he will have advised the creditors that your sister has not been discharged from the debts as she did not cooperate. The creditors would then be free to pursue her again.

Hi Shona, thanks for that extra information. Calls up some new questions though I'm afraid:

Would it show on the AIB Register as the Trustee discharged? (It hasn't changed so far)

Would she now be liable for all the original debts (I think at best she made 4 or 5 payments) PLUS the Trustees fees which I understand ran into several thousand pounds?

She may well have made more payments as one of my original concerns (re the BRO) is that about 3 weeks before she signed the TD she liquidated her daughters' savings accounts worth around £5K and seems to have now spent this money. She also ran up massive debts only returning from a month long holiday in Barbados 6 weeks before signing the TD and spending thousands on cosmetic surgery a couple of months before that.

I am trying not to be judgemental but she is my only sister and I am finding it hard to even like her just now.

Hi uncleben.

I'm not 100% certain about the register of insolvencies, but it does seem as though perhaps your sisters trustee hasn't discharged themself from the trust deed at this point.

There may be some liability for trust deed fees if the contributions made do not cover the costs accrued. Whether the trustee would seek to chase or enforce that is a different matter.

If your sister were to become bankrupt (due to an initiative from herself, her trustee, or a creditor) it does sound as though she might be at some risk of questions being asked about some of her financial conduct.

Hi uncleben
should the trustee not discharge your sister from her debts, she would be due the debts in full + interest! If she applied for sequestration, I think there would definitely be questions asked about her conduct, and a bankruptcy restriction order imposed.

I was afraid of that. This afternoon I spoke to a friend of mine about some of the specifics - she is a money advice officer and said something along the lines of "KPMG will never let her go".

I've searched the forums and just found some vaguely unfavourable comments relating mostly to difficulty in getting in touch with KPMG.

Does anyone have experience of getting discharged for non co-operation of a TD with KPMG?

Uncleben i am with KPMG but am waiting for my trustee to standdown after it came to the conclusion i should not have been placed in it, in the first place.
My situation is totally different from your sisters however i found that KPMG have been reluctant to give me information i requested on 3 different occasions now and as i said am still waiting to hear of my trustee to step down under non co-operation which he stated he would do a few weeks ago because i stopped my payments due to the information i recieved. I sent them letter after letter and am still sitting in limbo and its now come to the case of lack of information from all parties through kpmg while i sit here wondering where i stand.

My only advice is to tell you sister to send a recorded letter to KPMG asking them what there intentions are in regards to the trust deed and what the trustee moves are next. It may take a few week for a response but least it is a starting point then its a waiting game unfortunetly.

Thanks Reidy1982 but I think it's the other way round in this case. It's my sister who has disappeared and is refusing to co-operate or communicate in any way. I know they'll find her (I did quite easily really) but it just seems to be a case of if they can be bothered to do anything about it.

There may be some unsavoury material hitting a fan soon though as I keep in touch with her ex-husband who has custody of their oldest daughter and he has just contacted her trustee to attempt to retrieve the contents of said daughter's savings account which have "disappeared".

I have given up trying to help now and hope that the threat of sequestration and a BRO may jolt reality back (ever the optimist).