Hi Sherlock

In effect yes. She should contact the trustee, but the email and copy statements will be required to prove the claim.

Mark

Thank you for such a quick reply. We do have a copy of the emails that were sent and received regarding repayment of the money. However, mother held the account statements and has refused to hand them over. My partner can only evidence the specific sum that was paid into the account via standing order over a two-year period. Also other ad-hoc payments were made over a period of time. My partner's bank doesn't have an audit trail for these payments unfortunately.

Can mother be ordered by the trustee to provide full statements for the closed account in order that daughter can get her money back?

Incidentally, my partner paid the same amount of money into his other daughter's account too but this daughter is much younger and still resides with mother.

Hi sherlock

There is anobligation on the trustee to adjudicate (agree) claims, but the creditor would need to provide proof the debt existed.

Mark

Thank you again Mark. Perhaps you should stop working and enjoy your sunday now.

How tragic that this situation has come to this but at least now we know what her position is we should be able to sort it out.

Hi Mark and Sherlock,

Am I right in thinking that although she will be able to sight a claim for the money she will only be entitled to the dividend proposed within the Trust Deed? E.g. 30p in the pound?

Or because she is family is she able to claim all her money back?

Hi Scotslad.

In a trust deed a family creditor would be treated equally with the others.

We are hoping the threat of her daughter going to her trustee as a creditor to retrieve her college savings fund will just give dad a strong enough bargaining position in family court on monday to get this appalling woman to stop alienating his other daughter against him and also get her to stop lying to everyone and slandering us constantly.

Dad will replenish his daughter's account so she won't lose out and hopefully daughter will never need to know and perhaps regain some sort of relationship, however strained, with her mother eventually. It really is the most dreadful and shameful situation, and all because of money. Utterly avoidable at every single step of the way.

It does sound like a terrible situation.

Hope you can help get it resolved!

Given the mess she's in - with her family, financially and morally - I think her solicitor will resign if she doesn't back down now. She will be offered a massive olive branch and a golden opportunity to try and patch things up with her estranged daughter, all she has to do is behave like a normal human being. We're hopeful she'll see sense or at least be forced into giving in by her solicitor.

Watch this space.....

Just an update: sense was forced on her and we didn't have to mention the Trust Deed. She denied she had any money problems at all. Oh dear. She will when her Trustee finds her I expect.