Welcome to the forum charlieg.

I'm sorry to say that I believe this is correct if you're referring to child maintenance owed to your wife. This debt would not be treated differently to other debts.

The trustee would not have set up a trust deed if they did not believe at least some of the total debt owed might be repaid to the creditors by the trust deed. So, in time, it's possible that your wife might receive some of what is owed to her.

Some of the debt might be repaid ?
Should she contact the trustees to ensure that her " debt " is included?
Yet I believe that other debts like student loans etc cannot be included !!!!
Sorry but I am so damn frustrated at this situation

Hi charlieg.

I don't blame you for being frustrated. We've quite often heard in the past here from people in similar situations who feel exactly the same.

Contacting the trustee to make sure that they're aware of your wife's claim certainly makes sense.

Thank you,, not what we wanted to hear but probably expecting it.
WE have traced the trustee and have a ref number etc.
How exactly should we word this letter ?
Is there a template somewhere for this that makes it all legit?
Again, thanks for your assistance.
Oscar Wilde got it right.." The law is an ass "

Hi charlieg.

For ease, I'd just call the office and talk it through with them.

The trustee will want your wife to "prove" the debt, a technical term which in reality simply means they'll need reasonable evidence that this money is owed to be provided to them in due course.

A brief discussion with them will likely reveal what it is that they'd like to receive from you in this respect.

Just an update.
My wife eventually got through to someone at the CMS.
She told them that she knew why this had happened and was ware of the trust deed.
They are of the opinion that they are the creditors here.. although it is my wife that is owed the money.
What we havent been given answers to is why she was kept in the dark while this was going on ? Who gave the CMS the authority to agree to the trust deed without consulting her .
They are going to send out a letter showing the amount of the arrears " Lost " because of this and we will write to the trustees asking for questions to be answered .
Anyone else out there had a similiar experience ?

Thanks for sharing this charlieg.

I wasn't aware that this was the procedure used, though I think I can understand why it might be.

Whichever way you look at it though, it doesn't feel right that your wife wasn't consulted given that her views might (in certain circumstances) have contributed to a trust deed failing to become protected.

That's not to say such an outcome would necessarily have been financially advantageous for her though.

Oh this just keeps getting better.
It appears it is not a trust deed but a form of bankruptcy.
An MAP ?????
Aghhhhh.. Is there now any chance of my wife seeing anything due to her for these arrears ????

If it's a MAP then it would seem very unlikely that your wife will get anything back from it I'm afraid. This is a form of bankruptcy for people who have no assets and either are reliant on benefits or cannot afford to pay anything from their income. There wouldn't normally be any payment made towards it unless the person's circumstances change.

Hi charlieg,

MAP (the Minimal Assets Process) is an access route to bankruptcy.

It can only be accessed where an individual has no surplus income and very few (if any) assets.

You can read more about it here: https://www.trust-deed.co.uk/bankruptcy-sequestration.html

Unfortunately, unless the ex partner's circumstances take a turn for the better, the prospect of getting any return on what is owed isn't good.

Sorry it's not better news.