Hello Marieh38,

I'm sorry to hear that your documentation doesn't appear to have been dealt with fully.

I think if it were me I'd be on the phone to them asking whether they've analysed the paperwork I'd sent them and also what conclusions they've drawn from that paperwork.

You have options to try to escalate this, or even to complain, but I think I'd want to hear a verbal explanation of where things are at first.

Hi Marieh38,

Sorry to hear of your change in circumstances and that you are now struggling to pay your Trust Deed.

When you advised them of the income change at the start of the Trust Deed did your Trustee confirm this in any record of the meeting/discussions you had with them?

As TDA has advised I would give them a call and ask to speak with someone senior in charge to explain that your income has reduced and you can no longer afford to make the payments per month. Explain that you have also sent in documentation to support this.

This issue was highlighted to the Accountant in Bankruptcy in their recent PTD Standing Committee Meeting whereby a Trustee did not take into account the debtors change in circumstances and it resulted in financial hardship for the debtor. If you feel you are not getting anywhere with your Trustee you can contact the AIB for help and assistance.

Do you have any assets which are included in your Trust Deed such as a vehicle or a property?

I told the person who came to my house to sign the trust deed but never got any correspondence about it i just assumed that when my circumstances changed they would help but only reduce payments for 4 months . I even asked them about 5 months ago to fail the trust deed so i could apply for sequestration . I recieved a lettet in march saying a new trustee had taken over my trust deed and a copy of the statement they were sending to creditor about them reviewing my trust deed die to change in income but all i have had since is letters and calls looking for me to pay all arrears to bring trust deed up yo date im really at the end of my tether dont know what to do now

I think you need to call whoever is dealing with your trust deed and insist that you wish to discuss your options for where to go from here as you have provided evidence that you cannot afford the payments any longer. They should be able to provide you with some answers as to how they see things.

Hi Marieh38,

When was the last time you made a payment? Have they suggested in any of their letters about taking the payment directly from your employer?

I would give them a call and speak to someone senior about your case. If you are unable to speak with someone senior request an email address and advise that you will be sending a complaint email & letter. Explain to them that unless they properly review your circumstances then you will consider speaking with the Accountant in Bankruptcy about your issues.

Sequestration does sound like it might have been a more appropriate option for you to consider at the outset given the changes that were due to take place to your income. Was Sequestration discussed with you when you were looking at your options?