Welcome to the forum justme79.

I'm really sorry to hear that you've had such a terrible time over recent years.

More importantly, I'm worried to hear how you're currently feeling about this situation. If you're feeling so low that you're considering harming yourself, please reach out for some help and support as soon as you possibly can (if you haven't already). There are people and services who want to help and your GP is likely to be a great starting point.

It's certainly not necessarily the case that there will be major negative consequences if your trust deed fails. How this works really depends upon your personal circumstances. Would you mind providing us with a little more information so that we can try to guide you further? For example:

Are you a homeowner? If you are, do you think there's much equity in your home?

How much might your car be worth (approximately)? Presumably you have a reasonable need to be able to use a car?

Please let us know a little more and we'll do our best to guide and support you.

Hi. Thanks for replying. I have made an appointment with my doctor as I'm not aye how much more I can take.

My ex husband still stays in the house and for obvious reasons it hasn't been sold. There is very little equity in the house.
My car is valued around £2000 and I use it to commute to work
my monthly income is £1500 I realise that might sound a lot but with rent at £550 then council tax, bills etc and that's before food it leaves me very little spare money. My ex husband is also in TD
We went into it at the same time
Thank you

Hi justme79.

Good for you for contacting your doctor. That's a great step to take and I'm sure they'll be able to help you feel better. Your health and general wellbeing is definitely the most important thing here and you've done the right thing.

If your trust deed were to fail I'm really not sure that there are going to be any really serious consequences for you. There's no point in selling a home if there's very little or no equity in it. Your car is valued below the £3,000 threshold that can apply in trust deeds and other types of insolvency. As there appears to be a reasonable need to retain it, I'd be surprised if the vehicle came into any jeopardy.

Quite often when trust deeds fail the biggest issue is working out how exactly to deal with the debts again. There are other options, and there are plenty of people out there who would be really pleased to help and support you to find another option that works well for you in the future.

Lots of people have first visited this forum feeling very low and scared. From years and years of experience here I can tell you that things are very likely to end up being nowhere near as bad as you currently fear.

Thank you I hope so
I have no idea of what bankruptcy entails and that's probably down to stupidly sticking my head in the sand.
Can you advise what normally happens with bankruptcy, payments and how they work everything out
Thank you

Hi justme79.

In many ways bankruptcy doesn't work much differently to a trust deed.

You'd get a trustee, and they'd work through your income and expenditure to see what you can afford to pay towards your debts. If all of your income is taken up by your bills and other reasonable expenditure, there would be no contribution to make each month.

If you can afford a contribution, it will run for four years.

The trustee will also look at your assets. A car worth less than £3,000 of which you have a reasonable need will usually be excluded.

If there's very little (or zero) equity in a property you own that might well also be excluded.

If there was a more significant amount of equity in a property, that amount might have to be raised somehow to avoid the property being sold. Sometimes another person will step in to pay your share of the equity (for example) so that the equity can be raised without a sale.

Hi justme79.

Sorry to hear that you are having such a bad time and feeling as you are.

In terms of your financial situation, I am sure things aren't as bad as they seem. A bankruptcy might be the right solution for you, though it'd be best to go through your details with an expert first.

Are you receiving any help towards the cost of caring for your brother, eg tax credits?

I know exactly how you feel i signed my trust deed 3 years ago and my income fallped dramatically after 13 months they only allowed me to make token payments gor 4 months anf since then have hounded me for 214 pound per month . I sent them all bank statements and wage slips that clearly showed i didn't that kind of disposable income . I sent evidence about 7 or 8 times but got no help at all i. asked them to fail my trust deed so i could apply for bankruptcy again this was ignored . I recived a citation informing me they were deducting it directly from my wages i recieved my wage slip this morning and yes they have took it . I only work part time so only get 576 every 4 weeks and 235 comes of for rent 6 pound for union fees and 24pound earnings atrestment so left with 96 pound wages . I thought the trust deed was supposed to help its just left me now having to borrow money or miss payments . Im really at the end of my tether if i didn't have young kids dont think i would still be going .

That sounds like a horrible situation Marieh38. I know from your previous posts that you've repeatedly provided documentation about your current circumstances to your trustee.

If you feel as though your concerns are being ignored you do have the option to make a complaint. This should lead to a senior member of staff reviewing the situation and either justifying to you why they think what they've done is right and fair, or fully reviewing the situation if they conclude that it actually isn't.

I agree with Trust Deed Assistant, I think you may have to shout a bit louder and make a complaint here. You haven't done anything wrong and are perfectly entitled to complain about being treated like this in my opinion.

The ability of a Trustee to make deductions from a person's wage was put in place to deal with those who are not complying with their Trustee, not those whose circumstances have changed and who have kept their trustee fully informed.

I find it strange that you can have that action taken when you are in a protected trust deed, I thought the whole point of a PTD was to prevent that from happening??

Hi pingpong.

Trust deeds do protect people from creditor legal action.

There are occasions when, in the view of a trustee, their client is unreasonably failing to comply with the agreement that they voluntarily entered into.

A earnings arrestment would be one way to protect the interests of the creditors in that situation.

I'm not suggesting that this is what's happened regards Marieh38's situation.