Hi I should have also said his original debt was just over £27,000 he has paid £11,200 over the 5 years. If he pays them the £513 for 4.5 years and they want to realise £8,000 out of his flat then the total they still want him to pay is £21,000 so in total he would have paid over £32,000. He is desperate for help as am I. I can't get a mortgage on my own property until I can get him off but because of his bad debt I can't get. Thank you in anticipation

It's not possible to answer this without further information unfortunately. Extensions are usually as a result of the Trustee being required to realise assets - although this would usually be agreed at the outset - or if the individual had received a lump sum or pay rise throughout the term and failed to disclose it to the Trustee.

What reason has the Trustee given for the extension?

I was thinking the same Akgun1977.

As Voice of Reason says, there has to be a reason why the trustee would make this decision.

If you could let us know some more we'll be in a better position to comment.

Hi Akgun1977,

As VOR and TDA have advised there will need to be a reason for the extension of the Trust Deed and this is something your ex will want to clarify with them in writing.

Can you ask your ex to clarify this and then let us know and we can take it from there.

The trustee has said they should have carried out a review in 2015 (after the 3 year period) which they failed to do and that he is now earning more income. He is earning more but he also has more expenses to pay out. He certainly could not afford £518 a month. He recently got a settlement of £11,200 from An accident but he declared this and they said they didn't want any of that money and now they have told him he has to pay these further sums. Surely they cannot take more from him than what he was originally due either? Many thanks for your replies

The amount they can collect in is not limited to the amount that was originally due. The trustees costs and outlays have to be paid too, and if there are sufficient funds available then interest would be calculated on the debts.

Having said that, I think it might be helpful to check the original paperwork to see what was agreed at the start of the Trust Deed. Was the 2-year extension not in lieu of the equity in the property? If so, then any increase in contributions after that point should simply mean that the equity is "bought out" more quickly.

Also worth checking whether the Trust Deed itself sets a time limit for when any windfalls (acquirenda) would have to be included in the Trust Deed.

The trustee should be able to provide copies of these documents if your partner does not still have them.