Hi gresgow and welcome back.

So we can understand the context as things stand could you give us a bit more information please?

Since your trustee originally consented to your request to a payment plan for equity (rather than the sale of your inherited home) how many of the agreed payments have you paid and how many have you missed?

How many of the missed payments have you had prior consent from your trustee to miss?

It's difficult to offer you advice without understanding the position of your trustee at the current time.

Hi TDA

Not really sure of the number of payments. Since the last negotiated plan I have made two payments as they became due. My latest payment became due this week and I had conacted my Trustee and requested that I be allowed to miss 3 monthly payments. This is for essential monies that I have to pay back

Sorry sent the reply before finishing

This is for essential monies that I have to pay back and I face dire consequences employment wise if I am unable to make these payments. The Trustee is insisting that I enrol in a counselling program and provide written proof of this together with regular updates from this.

I thought that this would have been outwith their scope.

Thanks

Hi gresgow.

You last posted around this time last year. I think the payment plan for equity had been agreed with your trustee some months prior to that and that you acknowledged that you'd missed some payments already.

How many have been missed since then (in the last year)?

Hi again.

If it's not too personal a question, why is your trustee insisting on counselling? What's the issue that's led to them requesting that you do this?

Again, it's hard to offer advice if we cannot understand why your trustee is taking the steps that you're reporting.

The original payment plan was not adhered to, I had re-negotiated a couple of months ago and had made the first two payments as agreed. Again I am not sure how many payments had been missed.

In answer to your second question, I have an addiction problem which has caused me to be in the position that I find myself in.

The Trustee believes that unless i get help then I will only find myself in the same situation.

I am not arguing that what they are asking is advisable but the fact that they have made it a condition of the continuation of the ongoing TD and have demanded this aggressively and within seven days. They have sent a letter with words underlined and emboldened to make sure there can be no doubt about how they feel. I also feel that during the phone call that while I was in tears at the thought of losing my home they were quite aggressive in their manner.

Thanks gresgow.

There's a number of very serious issues for your trustee here.

They went out of their way to give you a chance to remain in the inherited home. Another trustee might have just sold it against your will as it would have provided the quickest and most certain outcome for your creditors. But they gave you a chance.

Your chance was to stick to the plan you agreed to, but it seems that you regularly haven't (even though you haven't told us to what extent). If there's an addiction issue I recognise that might be harder for you than it would be for others. That doesn't mean that your trustee can ignore the interests of your creditors though. They have legal and regulatory responsibilities.

It sounds as though your trustee simply no longer believes that you'll be able to deal with the equity in a way that's acceptable to them unless you tackle the addiction issue that's making it hard for you. They seem to be giving you one more chance, a chance for you to give them some evidence that you're tackling the problem so that they can justify to their regulators and your creditors why they're continuing not to sell your home despite an increasing body of evidence that they should do exactly that.

This honestly sounds like your final opportunity to avoid the sale of your home gresgow. I'm guessing that's why they've put it to you in a very direct way and refused to show further flexibility regarding you sticking to the deal you made.

Only you can decide whether to accept what sounds very much like your last chance. I think it reflects well on your trustee that they're still trying to work with you to avoid a forced sale of your home. Hopefully you'll work with them.