Hi stu62

It's certainly a strange one, especially if you've heard nothing at all in that time period.

Was your obligation under the trust deed to make 36 payments only? If so, then you would appear to have completed your part of the proposal and cannot be responsible for their admin failings. I think sequestration is extremely unlikely from what you say.

It may be an idea to try & contact them again, advising that you will refer matters to the AIB and their governing body if you are unable to receive an update.

Mark

Hi stu62,

As Mark said if you agreed to pay 36 monthly payments and you have paid these then I don't think you have anything to really worry about.

The best thing to do is pick up the phone to them. Try to speak with them on the telephone about your case and try to resolve any issues you are having. At the beginning when all of the cases transferred from one firm to the other there was a delay in the administration and communication with clients. I think as it's been over year now you should be able to get some answers.

Let us know how you get on.

Hello stu62 and welcome.

Have you had a look at the Register of Insolvencies? It's available via the AIB's website. You may be able to find out whether there have been any developments with your trust deed about which you're unaware.

This might be a useful step before contacting your trustee so that you've got a bit of background.

Hopefully it will all be OK.

Wow Stu62 this is fairly bizarre.
I would have stopped the payments too.
My TD was transferred fairly recently and I have cancelled my payments since I have completed my agreed 36 payments. I have contacted my new Trustee several times and informed them of this, with no response.
I commend your patience.
After my 36 months, I am desperate to conclude the TD.
It sounds as though your case may have 'slipped through a crack'.
I hope things are satisfactorily settled soon.

Thanks for all the advice, I feel a bit more confident in making another attempt to get to the bottom of it...I don't want to just leave it and see what happens.
I can see my record in the AIB Protected Trust Deed register with a start date of April 2011 but the following have no values against them -

Date when statement of realisation and distribution received
Date of trustee's discharge
Date of debtor's discharge
Date of registration of order that non-acceding creditor is not bound by trustee's discharge

There's also a different contact number for the trustee, so before I make the call is there anything untoward about this? I can't really see anything. And one more thing...are trustees meant to supply a statement of payments or even a service letter informing me of the deed status throughout the period? Seems they kicked this off then left me to it but that seems to be common according to some of the other posts.
Thanks again.

Hi stu62.

I'm not sure it is common. I'm wondering if there's a simple explanation behind this, perhaps that the contact information that they hold for you is inaccurate for example.

As your entry remains on the register, and you and your trustee have not been discharged, I think it's pretty important that you contact your trustee's office ASAP to establish where everything is up to at the moment.

Is the Trustee on the Register still your original one, or has it been changed ?

Been a while since I was back here but wanted to update anyway. I have contacted the Trustee (or someone who works for them)and discussed the TD. It would seem all the payments are fine and up to date but I was paying £100 plus another £150 monthly (the latter for what they classed as "Debtor's share of equity" this was because I had some equity on my house) The £100 payment (x 36)was for my creditors and the £150 towards the trustee's "interest" in my house.
I asked if I could just carry on paying the £150 towards the equity (thinking the TD was complete) but was told it is active until I finish paying the £8000 balance on the equity. This would take another 4.5 years though.....I was told I needed to make a reasonable offer of installments for the trustee to agree with it. I've suggested paying £250 which would mean it would take just under 3 years! I've been told they will refer back to the trustee and let me know. Is this normal? Nothing was mentioned of me making larger payments at the start of the TD...just £100 plus the £150 payments.

Hi stu62,

How much equity did you have in your property at the start of the Trust Deed and what was the agreement regarding this?

A Trust Deed should work on the basis that if you can afford to pay £250 per month then this is what you pay for 36 months. In addition to that if you have equity within your property then you also need to pay this over. Normally it's only at the end of the 3 year period that you can then use your income (£250) and pay this towards the equity.

As David says, the payment to the equity should have been coming from a third party for the first 36 months. Maybe the £150 payments were classed as coming from your partner/wife?

Were you not aware of the equity position?

Hi, yes, the third party payments WERE classed as coming from my wife, but my wife had no part in this trust deed arrangement (she did not agree with it) so I was making the payments. I was aware of the equity position but at the time I was in such a state about the whole thing I never really got my head round it. I had suggested continuing with the £250 but was told the trustee might deem this to fall short as it would take "too long". Are there guidelines here? It's like the start of another trust deed.

I can understand your frustration stu62. It does however seem that dealing with this equity was an integral part of the deal you made with your creditors, an additional responsibility running separate from the 36 months of paying your disposable income over.

The guidelines that are relevant here will be those operated by your own trustee. We do sometimes hear in this forum that some trustees want a plan in place to tackle the equity within a couple of years or less.

Ultimately however it just comes down to whatever you can reach agreement with your trustee to do.

Yes that's what I thought. Ah well, no real surprises, just need to fet on and get this cleared off.
Thanks for all the good advice I've received from this forum, you folks do an excellent job...I'm sure you've put a lot of people's minds at rest 🙂
Cheers