Trust Deed Advantages
It allows you to put forward, through an insolvency practitioner who will act as Trustee, a realistic offer of repayment to your creditors.
On successful completion, any debt you cannot afford to repay is written off.
If your Trust Deed is successfully completed, your assets will usually be safe if the Trust Deed is protected.
Creditors who agree to the terms of the Trust Deed cannot take legal action against you, and if your Trust Deed is ‘protected’ then even the creditors who do not agree are bound by these terms.
Trust Deed Considerations
If your Trust Deed fails, your creditors may request to have you sequestrated (Scottish Bankruptcy). This is unlikely, however, this will always be discussed before your Trust Deed commences.
If you are a homeowner, you may be required to sell your home in order to increase the amount you can repay to your creditors.
While a Trust Deed is less likely to impact employment than sequestration, it can have an impact for some people, particularly those in the police, fire or prison services, or in working in industries dealing with money.
If you take out additional debts during your Trust Deed they will not be protected under the agreement, and they will make it more difficult to complete.
The Trust Deed will show on your credit file for 6 years from the date it began. This can make it challenging to obtain creditor for some time after it ends.
Do I qualify?
A Trust Deed is a formal, legally binding debt solution that allows individuals with unsecured debts to make affordable payments to their creditors over a fixed period of time, typically 4-5 years. To qualify for a Trust Deed, individuals must live in Scotland or have lived there in the last 12 months, have at least £5,000, or more of unsecured debt that they are struggling to repay.
Live in Scotland or have lived there in the last 12 months
Have at least £5,000 of unsecured debt
Afford monthly repayments