any particular reason why you didn,t pay them?

Hi fedup.

It will depend on the circumstances, how your trustee views those circumstances and what's in the best interests of your creditors.

The best advice is probably to be in open communication with your trustee.

I havent been able to afford any payments.

Does your trustee agree with that analysis fedup?

Do you have any assets that would be at threat in bankruptcy?

Only thing i have is my house which is in arrears with the mortgage and doubt very much if there would be any equity.

Hi fedup.

I guess the risks are:

1: Your trustee believes you do have disposable income and seeks to recover it directly from your employer for your trust deed.

2: Your trustee believes equity could be generated from the sale of your home.

If neither of these apply it might be possible that you're discharged from your trust deed but not your debts.

Hi fedup,

In a situation like this communication really is key when it comes to dealing with your Trustee.

Is there a reason why you have been unable to afford a payment to your Trust Deed i.e. loss of a job, reduction in income, relationship break up etc? Is your Trustee aware of this?

TDA has summed things up for you in terms of possible things that your Trustee might consider doing.

The best thing to do is get in touch with your relationship manager/Trustee to discuss your case and the way forward and the reason that you've not been able to pay and also that you have mortgage arrears. If you don't, they could proceed straight for a salary assignation which would mean a payment is deducted via your employer and sent directly to your Trustee.

so how exactly will they dip into my wages? Who gives them information on where i work?

Hi fedup.

They can make their own investigations and use the legal process in both respects.

If i cant afford payments then how would arresting my wages help? Ive asked on several occasions to be handed back to my creditors (all my debt was unsecure) but obviously they wont do that because they think they will gain from my home (which they wont)ive been threatened with sequestrion for 3yrs why dont they just do it? Of course ...goes back to them thinking house has any value !

Hi fedup.

If they agree that you cannot afford a contribution I don't think they'll take the route of trying to get payment directly from your employer.

If they disagree, or just don't know, I guess there's more of a risk.

In the past they said they were waiting to claim back ppi...which i regard as fraud as ive never been missold ppi i knew EXACTLY why i was taking it and what it was going to cover me for

Fedup you may think nothing was missold but I shall give you an example. My brother works for the nhs. He took out ppi on all loans. Any ppi he took should pay out after a month of sickness, however as he receives full pay from work for 6 months, the ppi policies are not suitable as they all assume a reduction in pay, therefore none would pay out as expected leading to them being missold.

Refusing to allow ppi investigations may be a useful tool to you but only if your trustee frees you, which it doesnt sound like they want to. Reclaiming yourself and having creditors offset against balances may leave you less to pay.

Paul

I was safe guarding myself against long term illness my employer also paid my wages for 6months but only half pay for the other 6months i dont understand why his insurance didnt pay out though must have been some very small print on it