Sorry I don't have any advice re the trust deed but just wanted to say sorry you are having such a tough time of it Lynn x

Thanks, Gillian. I'm the ever optimistic sure there is a solution. I just need pointed in right direction. So afraid to mess up when the point of the trust deed was to sort a mess I got myself into.

Thanks again.

Lynn

Hi LynnMac2011.

I can understand why you are considering this change.

This really is a question to discuss with your Trustee or a senior person at your trust deed firm.

We know that some trust deed firms will not "penalise" a client if their circumstances change for the worse for reasons that are out of their control. By "not penalise" I mean if you found yourself unable to pay the trust deed for reasons you could not control it might still be brought to a positive end at the end of the usual term.

However, would such a change in your circumstances be seen as being out of your control? There's probably an argument either way on that subject so I'd suggest you think carefully how you would would wish to present the situation for consideration if you do.

We also know that some trust deed firms take a more literal view. They believe that they are required to collect the amount that was originally promised to creditors at the start. If it became impossible to meet that figure, the trust deed may fail which could leave you with thew debts again.

There's a lot for you to think about, but there would also be a fair bit for your trust deed firm to consider as well if you decided this is what you need to do.

I cannot see any harm in raising the subject with them to see what they feel about it.

Hi Lynn

What a difficult position you are in. I don't have answers re the workings of a trust deed and what your trustee would be able to work with, sorry.
I just wondered if you could get medical support for an individual to be with your daughter when you're working? I expect you'll tell me your daughter wouldn't be happy with that?

Hi, Pamjo, unfortunately my daughter suffers from Aspergers Syndrome which makes it difficult for her to meet and interact with unfamiliar people or situations. I am working with job centre and careers Scotland to try and encourage her out into the world but we're a year down the line and both organisations seem to be unsure how to support her.

Trust Deed Assistant - appreciate the response. I'm not sure if my situation would be classed as out of my control. It's been so hard maintaining a good work/life balance and it's now hitting an all time low as its so difficult to deal with pressure of working in a busy HR section for local council. We are the biggest dept but have only 2 admin officers, me being one. We have 4000 employees. To cut a long story short, longer hours, more workload, bringing work home. This leaves me tired, exhausted and struggling to meet needs of daughter. She is phoning/texting me constantly at work because she's on her own so much. It's beginning to sound like a tragedy! I'm sure lots of people in same situation.

I might try speaking to manager again in the hope she can support a review of my flexible working application.

Do you think I should approach my administrator? Am I allowed to mention company name? Maybe then you could advise how they may respond to my query.

Thanks for all advice.

Lynn

Hi Lynn.

I would talk this through with your trust deed firm directly in an open and honest way.

There are some questions that get asked on the forum which could end up getting handled and viewed in many different ways, and this seems to be one of them.

The only way you'll know your position will therefore be to raise it directly.

The most important thing is to find a way to do what needs to be done to protect your daughter. Hopefully your trustee will be understanding, however if not then you might have to weigh up the possibility of defaulting your trust deed and facing sequestration instead in order to help your daughter. Do you have any assets/own your home lynn?

Hi, Kevin, I'm a Council tenant so no to assets although I do have a car which is now nearly 12 years old!

What would happen if I defaulted on trust deed and not sure what sequestration is? Also, I have paid £250 contributions to trust deed for almost 2 years, what would happen to these?

Just not sure what to do! However, I am sure there is a solution, I just haven't found it yet.

Thanks.

Lynn

dearie me LynnMac. I feel for you - you obviously want to do your best for your daughter but not undo all the hard work you've put into your Trust Deed. When you mentioned flexible working arrangements, does this include working from home? Would that be an option, even one day a week to give your daughter a wee bit more of your time? Obviously you would have to work at home but at least you would be there to reassure her.

I wish you lots of luck and really hope everything works out for you and your daughter.

Thanks, Pam. I spoke with my manager about working from home 2 days per week and be in the office the other 3 but she refused this as she needs the admin presence in the team due to dwindled numbers.

I will be formally requesting this as there is a great deal I could do at home that I don't need our electronic HR systems for. Only downside is that manager has 28 days to respond and invite me to meeting to discuss and decide.

I've yet to contact the TD administrator as I don't want the company thinking that I've already decided on anything and they take action that may not be necessary.

Who said life was easy lol.

Again, thanks everyone, I'll keep you posted.

Regards

Lynn

Hi there.

Sequestration is another term for bankruptcy. Often, when a trust deed fails for some reason, sequestration becomes the option chosen by the individual or their trust deed firm.

Payments, if affordable, would run for three years like a trust deed usually does. So, two years into a trust deed it might be better to get it finished.

However, if a change of circumstances means you cannot afford to pay the trust deed, it's unlikely that anything would need to be paid into a sequestration either.