Hi darnk0

The section they refer to says the following:

"(5) If the trustee decides not to grant the debtorÔÇÖs discharge, the trustee will inform the debtor in writing of the fact and the reasons for so deciding and that the debtor is accordingly not discharged from the debtorÔÇÖs debts and obligations in terms of the trust deed."

What reasons has the trustee given for their decision? If they have not told you this in writing then you should ask them to, as per their obligation under the legislation.

The other relevant instructions that your trustee should be heeding are the Accountant in Bankruptcy's Notes for Guidance of Trustees under Protected Trust Deeds. Section 8.1 of this says:

"Discharge of the debtor is not automatic. Regulation 19 of the 2008 Regulations allows the trustee to issue a letter of discharge to the debtor if they are satisfied that, to the best of their knowledge, the debtor has met their obligations under the trust deed.
A trust deed is a voluntary arrangement and a debtor is expected to comply with the terms of that arrangement, to provide information about assets and liabilities, income and expenditure, to cooperate in the realisation of their estate and to pay contributions. A debtor who unreasonably fails to comply has not kept their side of the agreement and should not have the benefit of imposing that agreement on creditors.
It would not be appropriate to refuse to discharge a debtor because of a change of circumstances which prevents them from continuing to pay contributions."

The last sentence there is obviously the important one. If their stated reason for refusing your discharge is simply that your circumstances have changed then they are not acting in accordance with the guidance laid down by the Accountant in Bankruptcy. May be worth bringing this to their attention.

i was in their office on wednesday telling them i could no longer afford the payments as my hours have been reduced at work they told me to send in my wage slip to verify that i could not afford the payments got told wednesday that that they would resign as my trustee and got the letter saying on thursday

Hi darnk0,

I suggest that you write to them making the points that Kevin has just mentioned.

thank you for all your advice i have been on the phone to them this afternoon and i am pleases to say they have finally agreed to start sequestration on monday although i would have rather finished the trust deed in the end the sequestration was the only way i could go thank you for your advice

Good luck with everything darnk0. I'm glad that this has all been resolved properly in the end.

It's a shame that the trust deed has not worked out darnko - good luck for the future.