Thanks Mark. Will let you know when I hear from them .

Hi quick update. I received an email from the manager of my trustee explaining my trustee is speaking to the managing director regarding my complaints. I have now received another email from the manager stating the director suggests another meeting this time with my trustee and the manager to try and resolve the case next week.
I have had a meeting with an insolvency practitioner in the mean time who has been through my trust deed and other paperwork and has advised me to pay the last two payments and then cancel direct debit. He also said if they pursue me and go to court I have completed what was expected of me and what the creditors agreed to also my trustee put their was no equity to be released. The fact that I was miss sold the trust deed and that he left the property out to make me insolvent . He can't then decide after the trust deed to make me solvent.
Do I go to another meeting again as its very expensive to get there or just email them what I have been advised.
Sorry it's long winded , but I have really had enough of this whole mess .

Hi debs

You should email them with the update and advise that you will be making the final 2 payments and expect the trust deed to be finalised in terms of what was agreed at the start.

You should also highlight the concerns of the other IP that the Trust Deed appears to have been 'adjusted' to make you insolvent and the paperwork will evidence this in any future court action.

Mark

Hi

I have just received an employment business form from my trustee. In the form it states I put 46'000 into the property and that some of the equity will need to be realised. This form was signed by myself and a witness. I have spoken to the witness and they said it wasn't in their when I signed , I thought I was going nuts but I didn't sigh with this part in. It was also the wrong amount. This is dated the same day I signed my trust deed and I have never received a copy of this.Why would this be in this form and not in the trust deed

Is it on the same page that you signed, debs? - or did you initial that page? If not, I don't see how it could stand up in court as it could easily have been inserted afterwards.

The trust deed document itself would usually be a standard format and would not set out the specifics of your situation.

Thanks Kevin. This form is called present business employment details. It is in page 3 and no I have not initialed it. It said he has made me aware that the 46'000 would have to be released . It's weird that this is even in this form . No it's not signed on the same page as his comment. Why would this of even been witnessed as its about my wage and employment. Is this standard.

Hi debs

It is certainly getting more bizarre. If the document was genuine then you would be solvent and the equity figure would be shown in the proposal sent to creditors which it does no appear to be.

Mark

Why would your housing situation and property be in a form about my employment and wage and why would this form be witnessed. It's all about my income and then bizarrely about property the pages don't even coincide. This is dated the same day as My trust deed signing

I have been reading this thread with absolute horror!

I think someone, somewhere is trying to cover their bahooky! Unbelievable!

You make a good point and I think this is something which should be passed to the IP's governing body irrespective of any settlement offer.

It would be safe to assume if your Trust Deed is like this then there will be many others. The information suggests the trust deed was pushed through at all costs, irrespective of the facts and the trustee and whoever the company who referred it should be investigated.

Mark

Thanks for your comments. I have all the documentation now in case they take it to court which shows how dishonest my trustee has been. I have now emailed them to say I won't be attending another meeting and they will get my last two payments and nothing else . The manager responded that he will pass the email to my trustee. I have no idea what they will do next, but I have no problem with them taking me to court and I will be reporting it now that I have sent my last email .

Debs,this is horrific.

Have you made a Subject Access Request to the AiB? If you go to their website and search for Subject access Request, you should find the info on how to do this.

AiB then have to give you a copy of the personal information they hold on you. Surely that would include a copy of the TD paperwork that your trustee sent in to get the TD protected? The same paperwork which he had to send to creditors.

If the document you're talking about isn't in that paperwork, then the Trustee will have to explain why he didn't send it to creditors, or to AiB.

After all, if AiB are getting tough about the way Income and Expenditure is presented in a TD, I wonder what they'd make of that.

Hi candlestick I brought the aib in originally. They said there was nothing they could do and to sort it with the trustee, even having a copy of the statement of affairs sent to the creditors with no property included. I also had letter from my trustee stating he didn't know about the property then a letter stating he didn't. It's got to the point where they won't answer any of my questions. Will see what happens now I said in not giving them anything and will cancel my direct debit after my last two payments.

also the meeting with the manager of my trustee not the trustee himself he said the property wasn't included so I was insolvent or I wouldn't of been able to have a trust deed. !!!

Hi debs

I know you wrote to the AiB before, but I got the impression that you were just asking them to look into your case. So they wouldn't
automatically send you copies of everything they have in their files.
They probably wouldn't send you anything that they have in their files!

A Subject Access Request (under the Data Protection Act) is different. AiB have to give you copies of any personal information they hold about you - with certain exceptions. That might - should (?) - include a copy of all the TD paperwork that was sent to them to protect your TD.

If their copy of the paperwork doesn't include this new document which you have never seen before, then that strengthens your case that the trustee wasn't open and honest with you, your creditors or AiB.

Out of curiosity, when you have written to AiB, have you done it as a complaint? You have to mark it as 'Complaint'. Does no harm to say 'Please treat this as a complaint' either [;)]

In your shoes, I'd be putting in a Subject Access Request right now - it can take up to 40 days to get a reply. If the paperwork you get back matches the paperwork you got from your trustee at the beginning of your TD, then I'd be putting in a formal complaint - clearly marked as a complaint - to the Trustee, his Regulatory body, and the AiB.