My PTD has been running for 4years now. The reason for this is that I jointly own the family home with my parents, and my trustee wants to realise my share of the equity for the benefit of my creditors. I don't have the means to pay the 7k required, so last year (April 2012) it was agreed that my PTD would be extended for a further 12 months to realise a percentage of the equity, and then I would be discharged from the PTD in May 2013. I was so looking forward to this, and finally being released from the PTD and being debt-free after 4 hard years. I also had plans afoot to financially assist my elderly parents by hopefully taking over the mortgage in my own name, and taking over the mortgage payments, thus releasing my parents from the weight of a mortgage around their necks at the age of almost 70.
Today I received devastating news from my trustee. He wants to realise more money for my creditors and has made the decision to extend my PTD for a further 12 months. To say I'm devastated is a major understatement. I've actually been in tears since receiving the letter and am dreading having to tell my parents the bad news.
All my hopes and plans are dust. I've worked so hard these last 4 years and finally was beginning to see the light at the end of the tunnel. Now the light has been extinguished. I understand that my debt problem is mine, but I've done everything expected of me this past 4 years to take responsibility. I now feel my trustee has majorly moved the goalposts and I genuinely can't see an end in sight.
Polls
Hello Polls and welcome. I'm sorry to hear that you're feeling this way.
You'd normally have to pay over your full share of the equity, not a percentage.
As a trustee cannot extend a trust deed without reason I wonder whether this might be what's happening here?
If you're not sure your trustee should be able to tell you.
The letter states " to date you have made eleven contributions of £xxxx towards the equity in your property, with a twelfth payment expected in May 2013. After a review of the equity position I can advise that your trust deed will be extended for a further twelve months at £xxxx to realise an additional £xxxxx towards equity for the benefit of your creditors."
This further extension is seriously stressing me out, mainly due to the situation with my elderly parents. I have no alternative but to seek another job with a higher income ( i dont even know if that's possible) to ensure that the mortgage on the family home is paid, as my 68 year old mother is no longer fit to continue working. I'm an only child and my parents were relying on my financial help when my PTD ended. If only my parents and I had decided not to include me in the mortgage, I wouldn't be in this mess, the PTD would have ended in May 2012 as I would have had no assets, and I would now have my life back...
Polls
Yes, I was definitely told that after the 12 month extension, they would write off the rest of the equity and the PTD would end. There were no conditions. I can only assume there have been protests from some of my creditors. That's the only reason I can think of as to the further extension. Either that or I was given misleading information in the first place.
Polls
I bet there's nothing in writing! Poor show from your trustee I'm afraid.
Paul
Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.
Are they looking for all the equity, or just your share of the equity?
Plasticdaft you're psychic, of course there's no letter, just an assurance over the telephone, which means diddly squat!
Once bitten twice shy as they say. I'll make sure I don't make that mistake again. As it happens, once they receive all the equity on my property, I'll have paid back just about everything that I owed in the first place, so at least my conscience will be clear!
Five years is too long...I wish I could get hold of the rest of the equity and just pay them. I need to get out of this PTD.
Polls
Hi Polls,
I'm sorry to hear of the difficulties that you are having trying to deal with everything.
It does seem unusual that your Trustee would write off a proportion of the equity after only 1 year of payments towards this.
As others have said, did you get anything in writing confirming the agreement? At the start of your Trust Deed what was the agreement which was proposed to your creditors and when was the equity in the property calculated and verified?
It might be worthwhile asking for a meeting with your Trustee to advise your understanding of the equity situation and also of your own personal commitments to your parents.
David is not currently posting in the Trust-Deed.co.uk forum
JintyMcSkinty just my share thank goodness, approx. 7.5k. I've already paid just under 2k towards it.
Polls
Hi Polls.
I think you should contact your trustee to confirm exactly how long it's going to take to clear the equity given the level of your current payment.
It sounds like the last thing you'll need is further disappointment later if it's extended again without you realising that this will be the case.
It sounds as though the verbal assurance you were given was incorrect. Very frustrating and annoying for you, but it doesn't sound as though there is anything unusual about the trustee feeling obliged to collect the full amount due for equity over time.