Hi uncleben and welcome to the trust deed forum.

If your sister isn't meeting the commitments she made to the trust deed or is failing to co-operate with her Trustee the most likely outcomes are that either her Trustee resigns (in which case her creditors would be able to chase her again) or her Trustee seeks her bankruptcy.

A car of that value probably wasn't "included" in the trust deed, but in the event of its sale its possible that the Trustee would have wanted the money to be paid over.

Does she have any other assets?

It's great that you want to help her but I wonder if she'll need to be ready to accept that help from you before anything changes.

Hi uncleben

I suspect the Trustee will resign and she will get her debts back to allow her creditors to pursue her legally.

One interesting legal point is the requirement for the Trustee to send her notification that he is seeking his discharge, which is difficult as she has moved. This may well be accepted on the basis that the letter was sent, however if not there is a requirement for edictal service ( advertised in the papers) which could be fairly unpleasant.

Mark

Edictal service? Oh god, what does that entail? Will she be arrested or anything, or is this just an advert to find her whereabouts?

I'm sorry Trust Deed Assistant, I was so concerned about how serious an edictal service sounded that I did not thank you for your information and advice. Thank you.

In answer to your question: she has no other assets. And you're right about her not being ready to accept help. The Trust Deed would have been a great way for her to finally take some positive steps towards taking personal responsibility for her lifestyle. It would appear she coped with that for around 2 months.

Hi uncleben

No nothing like that. Legally there needs to be proof that paperwork was properly served. If they cant find the person, there is sometimes an advert to allow them the chance to defend any action. Sorry if I put the fear of God into you.

Mark

No worries. In the cold light of this morning I wonder if something more aggressive might jerk her back to reality. Even the thought of being "outed" by an advert might be enough.

Is there anything to stop me contacting her Trustee to find out if he knows her new address? I don't particularly want to drop her in it but I think the consequences of NOT doing this might be worse.

I can't believe she has just walked away from the golden opportunity that the Trust Deed has given her to sort everything out.

Hi uncleben

I dont think the Trustee would release the information if he did have it, but would happily accept the information if you had it.

Mark

Just reading through posts and noticed this one. If they trustee resigns during the 3 year period what happens to the money what happens to the amounts already paid into the PTD?

Hi 4654ae16

The money would be used to cover the costs and expenses of the Trust Deed to date and any surplus divided between creditor, however creditors could then pursue for the balance.

Mark

I am still struggling to get my sister to admit she's signed a trust deed even though I've pointed out that it is a matter of public record and we are no further forward. I have however just found out that she did indeed voluntarily leave work and was not made redundant. I assume that the Trustee will not be particularly sympathetic.

Also, I spoke today to a local Money Advice Officer and explained the situation. She said that KPMG, who are the Trustees, would "hang on" to her and not resign as Trustees in a hurry. That they could easily find her if she's hiding as she is claiming benefits.

Does anyone know, or have experience of, KPMG as Trustees and can confirm that this would be the case?

Hi uncleben

It will be the decision of the Trustee how he moves things forward. His options are to resign as Trustee and all debts are back to their normal position, allowing creditors to legally pursue them or he gets tracing agents to locate her whereabouts. In my experience, it will be the former.

Mark