Hello,

I wonder if you may be able to help set my mind at ease.

I entered into a PTD in 2021, the trustee discharged themselves and closed the PTD in 2024 due to my circumstances. This was filed with AiB and I was removed from the RoI 12 months later.

I was involved in a car accident in 2025 and have subsequently accepted an offer of settlement in 2026. I have written confirmation from AiB that the PTD was closed in 2024 and written confirmation from the trustee dated 2024 that states "this can be used as evidence of the failure" they also mention their discharge from it.

I sent these documents to my personal injury solicitor, however they remained adamant and have now sought to contact the old trustee given them a timeframe in which to indicate no claim or state a claim. The PI solicitor has already sent me emails with false/confused information, stating my vesting period is up until 2028 when my PTD was granted in 2021 and closed in 2024. I can forgive that as their area is PI not PTD.

As the trustee discharged themselves and closed the PTD in 2024, refusing to discharge me from my debts (which is fine with me), to my knowledge, that trumps the four year vesting period. The car crash was after the closure date by 10 months and the settlement by 2 years.

I am certain that they then cannot garrnish any of the PI settlement as the timeline dates after the PTD closure. It is my opinion that they cannot have a claim against it as it was not an asset present within the PTD timeframe.

I am fully aware that I now need to deal with creditors indepdently and I have payment plans already with them. However, am I right in saying that the old tustee has no claim over the settlement given the trustee discharge, ptd closure and timeframes?

Thank you for your help.

Lee