Are they saying they won't accept payments from you any longer too then Irene?

Yeah because I’m on benefits to they said they can’t accept them from me either. I’m just so annoyed after paying all this money that they say the only option is bankruptcy. They said due to new regulations there is no other options

Just to check Irene1978, have you been entirely reliant on benefit income for the whole period that you have been funding this payment?

Was it agreed with the trustee at the start that you would be making this payment?

Was it you making the payment directly to the trustee, or have you been providing the funds to your mum to make the payment?

I was making payments to the trustee and I’ve not been benefit reliant the whole time. I was working at the start then had a major operation November 2015 and haven’t managed back to work and now a single parent to 3 Yong kids and also got sever anxiety issues so I am currently under a psychologist and psychiatrist

We did agree at the start of the TD that I would make the payments

Is there nobody else that the last few payments can come from at all? It does seem a real shame that the Trust Deed should be failed at this late stage.

There is only me and my mum and I have explained this to them. Is there really nothing else that can be done considering my mum is disabled and her age and the fact we have paid so much and also the fact I’ve paid it while being on benefits

Hi Irene1978.

Trustees are only allowed to take contributions from private sources of income. Their hands are pretty much tied on this.

As Kevin mentioned, if there was any possibility at all that someone could step in to help for the last few months this could solve the problem. I do recognise that you've said this isn't possible.

Another thought I've had is, if the trust deed is definitely going fail, whether the contributions that you have paid from benefits should be refunded to you now.

If you receive a lump sum refund it might be possible to informally negotiate settlements with your mum's creditors.

I asked for it to be refunded back to me and was told no as they said I never told them I was on benefits but they never asked about my income as it was my TD. Which I also think is really wrong as if I have been paying that illegal pi should be entitled to if back

This is shocking. I thought TD was to help people but it appears not. Surely there should be protections in place also for the debtors, certainly when they are not shying away from their responsibilities. Irene I hope you get something sorted out.

I don’t know what to do next, can anyone help?

I would consider advising the Trustee that it is your intention to raise this matter with his regulatory body. The specific regulatory body he will belong to should be detailed on any correspondence received by your mother in relation to her Trust Deed.

In addition, as you were providing the funds, in that same complaint you could consider asking if they ever carried out required money laundering checks on you given that you were the source of funds.

Hi Irene1978.

As Voice of Reason has stated, it might be worthwhile pushing a little harder here.

I personally struggle to understand an argument that says we cannot accept from money you because it's from benefits but at the same time we're going to keep money already paid that we now know to be from benefits.

I agree, it is up to them to check what the source of the funds is - as long as you have been completely up front then why should you be out of pocket if they didn't ask you the question??

I can't see that they can logically hold their current position and maybe a threat of a formal complaint to the trustee's regulatory body, carried through if necessary, may produce a better outcome for you and your mum.

The Accountant in Bankruptcy's office may be interested in the circumstances of this too. If it seems you aren't getting anywhere then I think it could be worth calling them to ask their opinion, as they are able to make specific directions to Trustees about how to administer a Trust Deed.