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If you are wrestling with your debt repayments and you qualify - it could be possible to re-negotiate your repayments with your creditors to a reduced monthly payment with a Scottish Trust Deed.

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A Trust Deed Explained

A Protected Trust Deed is a legal process accessible only to residents in Scotland and it offers debtors an alternative to bankruptcy. A Trust Deed enables those who are unable to repay their debts a way of establishing a monthly repayment schedule based on what the debtor can afford to pay. The Trust Deed will last for a specified period which is usually four years. When this specified term of the arrangement comes to an end, any remaining unsecured debts are usually written off.

Your protected Trust Deed is supervised by a licensed insolvency practitioner. The practitioner is responsible for all negotiations with your creditors and also for ensuring that you keep to the terms of the Trust Deed. A Trust Deed becomes a Protected Trust Deed once your creditors have agreed to the proposal. At least half of your creditors need to accept the proposal for it to go ahead, or creditors representing at least two thirds of your total debt. If a creditor doesn’t respond, it’s assumed that they’ve accepted the offer.

Once the Trust Deed is protected, your creditors they can no longer take action to collect the debt including chasing you for payments or starting court action. Instead of making payments directly to your creditors you’ll make a payment to your trustee managing the protected Trust Deed and they’ll distribute this to your creditors on your behalf.

Debts included in your Trust Deed will be cleared in a set time frame which is usually 48 months. Debts not included in a Trust Deed will still have to be maintained.

In most cases, a Trust Deed will last for 48 months provided your Trust Deed has not been extended. Once agreed with your creditors, all interest and charges will be frozen.

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Diving into the Details

A Trust Deed is more than likely to affect your credit rating. If you are struggling with your repayments then your credit rating is already likely to be poor. If you are concerned with how a Trust Deed affects your credit rating then please contact us.

What you need to know

If you fail to keep up your repayments on a Protected Trust Deed then your arrangement may fail which could lead to Bankruptcy.

Your creditors are not obliged to accept a proposal for a Trust Deed. Your trustee will negotiate on your behalf to agree an arrangement with all your unsecured creditors. If creditors that you owe more than one third of your total debt object to the proposal then your Trust Deed will not become protected.

Only unsecured Debts included in a Protected Trust Deed may be written off by your creditors at the end of the period. Any secured Debts will still have to be paid off in full.

Any existing wage arrestment orders or other diligence may continue to be effective. It is therefore important to fully disclose any actions that may already have been taken against you in order that the appropriate arrangements can be made for these to be released, if possible. At worst, the effects of these procedures need to be taken into account when framing the proposal for the Trust Deed.

Am I elegible?

  • You have unsecured debts greater than £5,000
  • You have 2 or more creditors
  • You can afford to pay at least £100 per month towards these debt
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