was wondering if anyone can help me. Im currently going through a trust deed, this should have been finished in July this year but i have some arrears from when i was in hospital so it has been extended untill Jan 11. When i was 16 my mother took out an endownmentpolicy in my name and the policy was cashed in last year. My mother had made all the payments towards this and tryed to get it changed in to her own name but they wouldnt allow it so the money had to be paid in to my account. I informed the trust deed of this and they told me that they would be taking all the money. My mother was quite upset at this as it was her money and the trust deed told me that they would allow my mother to keep it as long as i paid it all back at the end of my trust deed. At the time i agreed to thisas my mother really needed the money. When speaking to the trust deed a few weeks ago i explained to the trust deed that i was pregnant and no longer in employment i was worried about how i was going to pay this money back and she told me that as long as i gave proof that the money was transfered into my mothers account then she did not see why i would have to pay this moneyback as it wasnt really mine to begin with. Today however i got a phone call saying that there was nothing I could do about it and I HAD to pay it back to them. I find this really unfair. Iam very worried about how I am supposed to do this as I have split up withmy partner and am about to become a single mother with no job. Do you have any advice. Is the trust deed within there rights to make me pay this back and what happens if i cant pay it back.
Hi jacb24 and welcome to the forum.
I'm really sorry to hear that you have been told different things by different people at your trust deed company.
Your question has a number of complexities so I think it's best to leave providing an answer to one of our insolvency professionals...
Hi jacb24
There are a number of issues here, with the main one being why your Trustee did not contact the insurance company in the 1st place to restrict the surrendering of the policy and secondly the fact that they allowed your mother to have access ot he funds.
If the policy was in your name and you were the beneficiary, then the policy is an asset. At present, the creditors can pursue your IP personally for the funds as this course of events, if accurate, is extreme negligence. The Trustee however could possibly raise an action against your mother for the sum.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.