Category: Debt Advice
5 Trust Deeds Questions
What is the difference between a trust deed and sequestration?
Trust Deeds differ from sequestration, or bankruptcy, in a number of ways:- A trust deed is less formal than sequestration and doesn’t involve the court – it’s a private contract between you, your trustees and your creditors
- If you’re a homeowner, you can still keep your home if you enter a Trust Deed
- Unlike sequestration, you can borrow money without disclosing your status, be a company director, and qualify for elected public office
When does a Trust Deed become protected?
A trust deed becomes protected once the majority of your creditors (two-thirds by debt value, or more than half by number) agree to the proposal. They can then no longer contact you for any reason or start any legal proceedings against you to recover debt. However, you should know that even after your trust deed becomes protected, your trustees or creditors can still seek for your sequestration if they’re able to prove that it will give more back to your creditors than what a trust deed would. For more information on the Debt Arrangemennt Scheme, see our related article What is a DAS?What is the minimum debt level required to take out a trust deed?
The minimum debt level needed to enter a trust deed with Trust Deed Scotland is £5,000 (as compared to £3,000 for sequestration). Keep in mind that there are some trust deed providers that may require higher levels of debt for them to take on your case. And of course, you also need to have been a resident in Scotland for a minimum of six months and have an income, or someone willing to act as a third party, for you to qualify for a trust deed.Trust Deeds Questions – Additional Queries Not Answered Here?
Setting up a trust deed with Trust Deed Scotland is easy. Enter your details on our website or call our office to arrange a free meeting with one of our debt advisors, who’ll then let you know all your options and help you find the best debt solution for you. Once we have all the information we need from you, we’ll start drafting your case. At this point, we’ll also help you set up your first trust deed payment, which means you can immediately stop any current payments to your creditors. Before you start setting up a trust deed, though, try our Trust Deed Wizard to see exactly how one could help you become free of debt. There are many more than just 5 Trust Deeds Questions. There are other alternatives in Scotland too. Get answers to more of your questions about financial options on our debt solutions.How to Decide If an Equity Release Is Right for You

When it comes to debt and debt-related problems, there are a lot of scary-sounding technical words being thrown about by everyone from your creditors to your debt collectors. Continue reading “How to Decide If an Equity Release Is Right for You”
10 Trust Deeds Reasons
1. One Affordable Monthly Payment
Lots of people struggle to manage many payments between several different creditors that often add up to an unmanageable sum each month. You may find yourself unable to clear your overdraft each month and/or be incurring constant bank charges or you may feel you simply have too much debt to cope with. A Trust Deed allows you to make one affordable monthly payment – based on your disposable income – which is then distributed to your creditors.2. Write Off A Percentage Of Your Debt
Trust Deed legislation means, once you have completed the terms of your Trust Deed, any remaining debt will be written off. For example: if your debt was £15,300 and your agreed monthly contribution was £150 over 48 months, you would pay back a total of £7,200 and the remaining £8,100 of your debt would be written off.*3. Protects your Home
Before the trust deed is agreed, we will arrange a form 1B, which values your house at the start of the Trust Deed and ensures your property is eligible for protection.4. Get Out Of Debt Quickly
The Trust Deed has an agreed term of typically 48 months, after which all debts included in your plan will be written off. Other debt solutions last longer lengths of time, such as the Debt Arrangement Scheme (DAS), which lasts up to 12 years or a Debt Management Plan which can last an unlimited amount of time until your debts are paid.5. Stop Creditors Chasing you for Payments
Once your Trust Deed has been protected your creditors will be prohibited from contacting you, using any method of communication, to try to obtain payments towards your debts. Try the Trust Deed Wizard to see how Trust Deed Scotland could help you write off a percentage of your debt and step towards a brighter future. See our Trust Deed Scotland reviews page for thousands of testimonials from people we’ve helped get their finances back on track.6. Alternative To Sequestration
Unlike with Sequestration, once you have completed the agreed terms of your Trust Deed, you do not need to make any further payments and your debts will be shown as satisfied, which is seen more favourably than bankruptcy on your credit file. There are also government guidelines relating to Trust Deeds that ensure you have enough money each month to cover the necessities and make your monthly contribution. The guidelines relating to Sequestration and Minimal Asset Process are much more stringent.7. Helps You Gain Peace Of Mind
Understandably, being in debt can cause a lot of stress and sleepless nights. A Trust Deed helps you see the light at the end of the tunnel by having a structured process with a known end in sight. All you need to do is make the agreed contribution each month and once you have met your Trust Deed terms, all debts included in your plan will be written off.8. Lifts Wage Arrestments
Once your Trust Deed is protected, any wage arrestments already in place would be lifted and your creditors would be unable to take any further court action against you to recover your debts. Trust Deed, or Debt Payment Programmes stop court proceedings being initiated.9. Freezes Interest And Charges
During the Trust Deed, all interest and charges on your debts will be frozen, ensuring you are not simply paying off interest without actually clearing any of your debt, (which commonly happens when people are making token payments or in a Debt Management Plan).10. Gradually Rebuild Your Credit History
Once your Trust Deed terms have been met, you can begin to rebuild your credit with a clean financial slate. Your debts will show as satisfied and you can apply for credit the same way as you do when you turn 18. Gradually, from responsible borrowing, you can rebuild your credit score and become eligible for mortgages and other important forms of credit. *Each person’s contribution is based upon their disposable income, debt level and who their creditors are. These figures are taken from an actual Trust Deed Scotland case.Help With Debt In Scotland
There are alternative solutions to a Trust Deed, and there are of course Trust Deed pros and cons to consider. In order to find out your options and what it all means to you, and your situation – you can get help with debt in Scotland from Trust Deed Scotland® Our experienced debt advisers provide an empathetic, non-judgemental service that’s also confidential and we’ve helped people from all walks of life. After a phone call with you, we provide you will a personalised illustration of your options, and come up with a plan to help get you out of debt. *Each person’s contribution is based upon their disposable income, debt level and who their creditors are. These figures are taken from an actual Trust Deed review case.Trust Deeds and Employment – The Basics
Employment in certain sectors
There are some professions which will have a contract of employment claiming that you’re not permitted to be sequestrated or involved in any insolvency issues. These professions are usually the Police Force, the Prison Service and the Fire Service. If you’re employed in one of these positions then it’s worth checking your contract to see the specific terms and conditions that apply for your role. Having a Trust Deed might also cause concern for employers if you’re in a privileged position where you’re handling money, such as accountancy, so again it’s best to check the conditions of your contract. If you aren’t involved in these kinds of positions then it’s very unlikely an employer will find out about your Trust Deed. The AiB register publishes the names of people on Trust Deeds but your employer would have to be actively searching through the list in order to discover your situation. If an employer does find out about the Trust Deed then it’s doubtful that you’ll lose your job, as it wouldn’t affect your ability to perform a role successfully. If you are concerned about losing your job then it might be worth having a confidential talk with someone at your workplace, who will be able to give you the full details regarding your position. If you want to find a new job while taking out a Trust Deed, again you are only likely to find problems when applying to a few specific areas. The Police, Fire Service and Prison Service have certain rules and guidelines regarding insolvency, so you won’t be able to work in these areas while your Trust Deed is still active. Self-employed contractors applying for council contracts will also find it difficult to get work, as councils perform extensive financial background checks. Solicitors, accountants and other positions where you’re handling money also have certain rules which may make it difficult to get work. For most other jobs, however, having a Trust Deed won’t affect your chances of employment. Trust Deeds are vital in helping people gain control of their debt problems in Scotland, and they’ve provided thousands of people with answers when they needed them. If you’re unsure about the impact a Trust Deed will have on your job, or any jobs you might apply for in the future, then the experts at Trust Deed Scotland can help, with tailored and confidential debt advice that can give you the guidance you’ve been searching for.Viable alternatives for affected sectors and careers
You can find out more about DAS in our guide What is a DAS?How a Trust Deed Could Help With Council Tax Arrears
How Long Does A Trust Deeds Last?
How long does a trust deed last?
Typically, a Scottish Trust Deed will last for a term of four years. During this time, you will make regular monthly repayments to your creditors as you work to pay back your debt, sticking to a plan that’s been agreed in advance. We say “typically” because a trust deed term can sometimes last longer than 48 months which would be arranged prior to entering your trust deed. And you may find yourself in a position to pay off your debts earlier, such as through selling a property and releasing equity. It’s important to note, though, that both of these arrangements need to be formally agreed before the trust deed is set in stone.What happens when you’ve completed your trust deed term?
After your trust deed is finished, you are discharged from it, as long as you have met the obligations agreed to at the start of the process. The discharge process should take around a month – if it’s taking longer, contact your insolvency practitioner to ask why. Once discharged, all debts included in your plan will be written off. This should reflect on your credit score within 3 months. If your debts are not shown as satisfied within this time, contact your creditors and ask them to update your credit file. You can now begin rebuilding your credit.How long does a Trust Deed take to set up?
Normally, it takes between 35-56 days for your Trust Deed proposal to be drafted by the Insolvency Practitioner. This may change depending on the complexity of your case. The proposal is then passed to the creditors for approval, who may then take up to 14 days to approve. Depending on the length of your trust deed term, you may find it difficult to obtain credit for the next year or two and you may only be offered higher interest rates during this time. However, six years after your trust deed started it will no longer show on your credit file. If you’d like information about entering a Trust Deed, try our Trust Deed Debt Calculator to see how we could help.How do people rebuild their credit scores after Trust Deeds?
- Spread out applications for credit.
- Get a credit card with as low interest as possible.
- Make small monthly purchases on the credit card and clear them in full. This enables you to make sure you don’t build up debt again.
- Make sure you are on the electoral role.
- Check your credit file for any inaccuracies. If there are, you can ask the company in question to fix them.
- Don’t take out joint finances with anyone with poor credit.
- Ask for a notice of correction to be put on your credit file if you had a reason you could not make payments, for example, hospitalisation or redundancy. (These do not have to be taken into consideration but may make a difference to some lenders if you can justify late payments that have affected your credit).
What have others said about their trust deed discharge process?
Trust Deed Scotland has a 99% satisfaction rate. Don’t just take our word for it – here are what some of our customers have said about the process and how long does a trust deed last: “From the 1st initial call right through to signing the paperwork it was great to have the professionalism, help and reassuring assistance from Danielle and Deborah. They were both understanding of my situation and I highly recommend them both as well as Trust Deed Scotland.” Al, 5/5 – Al had a trust deed that lasted 48 months. “Excellent people put my mind at rest after many months of worry. Helpful, reassuring and friendly people!” Chris Forster, 5/5 – Chris looked at solutions DAS Scotland and Trust Deeds which lasted 4 years. After which his unaffordable debt was written off. Chris now enjoys a lift after debt. “I suffer from anxiety and find it difficult to contact people I don’t know. The team was fantastic with me, helping me and catering agents to my needs. They have helped me so much and now I don’t feel as anxious and I can answer my front door again without worrying.” Nataliemary, 5/5 Read our trust deed reviews and learn what everyone is saying about their Trust Deed Scotland experience to help you decide whether it‘s the right debt solution option for you. For more information on Protected Trust Deeds take a look at our guide to protected trust deeds. If you’re wondering how a trust deed works, you will also find our walk-through guide useful too. If you’re based in Scotland and are in need of debt advice, contact us for a confidential chat.Scottish sales lower than rest of the UK
- Consumers may be reluctant to buy full price goods in the lead up to Black Friday, (particularly expensive electrical goods), as they know many items will be heavily discounted. The sale of non-food items has declined 1.8% since last year.
- October 2015 was the driest October in 12 years and this may be the reason clothes sales are down, with the shops selling heavy coats and warm winter boots before the weather dictates a need for them.
- Scotland exiting the Rugby World Cup is suggested to have affected food sales which are down 4.6% from last year.
Christmas Debts Scotland
A study conducted on behalf of the Money Advice Service has revealed Scots are more likely to pay for Christmas costs using overdrafts, payday loans and credit cards than the rest of the UK.
Statistics show many choose to put their summer holiday on credit and are still paying for it when Christmas comes, forcing them to get further into debt in order to have a comfortable festive season.
If you’ve been struggling with your finances, Trust Deed Scotland may be able to help.
Try the Trust Deed Wizard tool to find out how a Trust Deed could help you get back on track and write off a percentage of your debt.
25% who borrowed money to cover their holiday pay it off by December but 10% take more than 18 months to clear the debt. Furthermore, 20% of Scots are still trying to pay off what they owe from last Christmas with a whopping 47% borrowing money to cover gifts and Christmas food.
A Spokesperson for the Money Advice Service, Melanie Taylor, commented:
“There is so much pressure on parents to deliver the perfect Christmas that it’s easy to feel that your children will be the ones missing out unless you spend vast amounts of money.”
Although you may not think so at first glance, it is possible to have a nice festive season without spending more than you can comfortably afford. It is important to be realistic while making your Christmas purchases and consider if you can’t afford to pay for them in cash right now, will you be able to pay for them with extra interest later? Avoid getting into debt over Christmas gifts.
A Spokesperson for the Trust Deed Scotland said:
“Unaffordable debt can be created around Christmas time especially. In recent years, marketing for buy now, pay later products has increased, alongside traditional sources of Christmas debt in Scotland including store cards and credit cards.
We’re here for anyone who needs debt advice in Scotland. Our friendly, non-judgemental advisors are standing by.”
Try some Money Saving Tips for Christmas and see how much you can save. You can also find more information in our info hub article together we can beat Blue Monday.
If you have overspent on Christmas, and you need help with unaffordable debt, then we recommend contacting an experienced money advisor as soon as possible.
If you’d like to find out more, see our Debt Advice Scotland FAQs or Contact Trust Deed Scotland today.