As mentioned previously I do hope that this works out as expected (and as it should do given the information you have both been given).

One of the really interesting things about being involved in this forum is seeing how certain things are handled in so many different ways.

I'm pretty worried now to be honest - i do have confirmation in an email and over the phone but does this even matter?

Hi tinsoldier

If you have an email from the Trustee, then at least you have something concrete if it doesnt work as planned. I would be interesting to see the route they use for discharge.

Here's our notes fro guidance. The important part is the last sentence.

2.9 Contributions

The debtor must be advised that they will be expected to make a contribution from their income.

The debtor must provide information about their income and expenditure. The insolvency practitioner will assess a reasonable level of contribution based on the debtorÔÇÖs excess income.

Contributions should not be sought from any social security benefits or tax credits (see section 5.1 below)

The debtor should be advised that

ÔÇó an adequate level of contributions will be required in order to ensure that the protected trust deed makes an acceptable proposal for creditors

ÔÇó the level of contributions may be varied if the debtorÔÇÖs circumstances change

ÔÇó if the debtor cannot pay a contribution they must contact their trustee immediately

and

ÔÇó if the debtorÔÇÖs income increases they may be expected to pay a higher contribution.

The level of contributions and the number of contributions to be made must be specified before the trust deed is granted.

Mark

As you suggested before tinsoldier this is something that your trust deed provider will have dealt with many times in the past.

I'm afraid there's not much more I can add and I'm sorry that the comments have worried you. The situation seems a little unusual compared to what usually happens, but there certainly could be other factors of which we're unaware that mean the outcome you have been promised is delivered as you hope and expect. As previously mentioned different companies do handle things in different ways as we often see here in the forum.

I've just phoned them again and i've been advised the same thing.

I have ?ú350 arrears which arose after the bank never amended a standing order (i was increasing contributions) and i have been advised i can pay this off in a lump sum or simply extend the payment period.

I find the comments from the ICAS monitor very strange, on what basis are they saying this? From my understanding of the legislation/guidance there is a lot of room for manoeuvre for trustees, especially if the change in circumstances is beyond the control of the debtor. After all, when signing a trust deed the person is only agreeing to pay whatever they can reasonably afford for the period - the proposals are just the insolvency practitioner's estimate of how it will turn out.
It is different if a debtor won't pay rather than can't pay, certainly -is that maybe where this ICAS person was coming from?

Hi Kevin

No, I always ask very specific question and this was on the failure to fulfil the proposal agreed at the outset.

I argued that on this basis, if someone made 35 payments, then for whatever reason couldnt make the final payments, is sequestration the only option? The answer was yes.

Mark

They're talking mince, surely.

So Kevin are you saying i could be right here?

It's just i'm getting married in July and the extra monthly money is going towards it....

Anybody?

Will i have to extend my TD?

Hi tinsoldier

Sorry, we kinda left you hanging there.

If you have an email confirming this, then I would take it that this will be the case. It would be extremely difficult for the Trustee to amend this agreement after confirming it in writing. Hence the reason why I always say ( altogether now!) Get these thing in writing.

I'm sure it will be fine. There are a thousand possibilities on how it would close in the circumstances ( good possibilities I mean) so don't worry.

Mark