Is A Trust Deed A Good Idea

A Trust Deed is an effective debt management solution for residents of Scotland who have unaffordable debts. If you qualify for a Trust Deed, you will pay a regular, affordable amount towards your debts and any debt left after the fixed term has ended will be written off.

The standard length for a Trust Deed term is 4 years, however, a Trust Deed may not be the best solution for everyone. There are other alternative ways of resolving personal debt issues in Scotland including the Debt Arrangement Scheme. If you want to learn more about whether a Trust Deed is a good idea, call Trust Deed Scotland on 0141 221 0999 for qualified, expert debt advice today.

What is a Trust Deed Deed In Scotland?

A Trust Deed in Scotland is a legally binding, voluntary agreement between you and your creditors to repay your debts at an affordable level, typically over a period of 48 months. Managed and administered only by a Trustee, at the end of the term, any unsecured debts left will be written off – allowing you to enjoy a life after debt.

In order to qualify for a Trust Deed in Scotland, you will have at least £5,000 of unsecured debt. Call Trust Deed Scotland today and find out how we can help you. We’ll be able to tell you what a Trust Deed is, and its Pros, Cons, and Alternatives such as the Debt Arrangement Scheme.

What Is Persistent Debt?

Persistent Debt in a term used by credit card lenders when you pay more in interest and charges on your credit card than you’ve repaid of the amount borrowed. If you’ve received a letter from your bank telling you that you have a ‘persistent debt’, you may feel upset, even if you don’t think you’re ‘in debt’ at that moment.

This persistent debt calculation is based on your activity for the last 18 months. Having a ‘persistent debt’ could make it more likely that you get into difficulty with debt in the future.

Minimum payments tend to only cover the interest and charges on the debt, or at most a very small amount of the balance. By paying more each month, you could reduce your credit card balance quicker and move your account out of its persistent debt status. By doing so, you could also save yourself money because you’ll pay less in interest.

If you are worried about persistent debt, or credit card debts, get in touch with Trust Deed Scotland today on 0141 221 0999.

Who Are Trust Deed Scotland?

We’re a professional Trust Deed advice company giving expert qualified debt advice on Trust Deeds and other alternatives including Debt Arrangement Schemes.

We’ve helped over 20,000 people in Scotland get their finances in shape, and have a 5/5 rating on Trustpilot based on thousands of trust deed reviews. We’re proud to say that over a decade, we’ve become Scotland’s No.1 Trust Deed Specialists.

Trust Deed Scotland explain financial matters in plain English and will never sell your details for marketing purposes. Our service is confidential and there’s no obligation to agree to anything after talking to us.”

Who is the governing body for Trust Deeds?

The governing body for Trust Deeds is known as the Accountant in Bankruptcy (AiB). The AiB supervises all Trust Deeds however each Insolvency Practitioner is licensed by their own regulatory body.

Our Insolvency Practitioners are regulated by the Insolvency Practitioners Association.

Are there other debt solutions?

Yes, we offer advice on all Scottish debt solutions and if a Trust Deed isn’t the right for you. There are other debt solutions such as:

Bankruptcy (known as Sequestration in Scotland)
Debt Arrangement Scheme
Minimal Asset Process

When can you get credit after a Trust Deed?

Your credit history will be affected for 6 years from the Trust Deed start date.

You can apply for new credit but in practice, it may be difficult to obtain during this time. It will depend on the individual lenders but it may be difficult to be accepted until you’ve built your credit rating up again, or you could be offered a higher interest rate. You can find out more about when can you get credit after a trust deed by calling us on 0141 221 0999.

What does it mean when a debt is discharged?

If you are discharged from your debt you legally no longer owe this debt and can’t be pursued for it.

What happens if you don’t pay your Trust Deed?

If there’s a change in your finances whilst in your Trust Deed, and you feel that you no longer have the ability to be able to pay your Trust Deed. Let your Trustee know immediately and they will help you understand the best way of being able to complete your Trust Deed.

However, if you don’t pay your Trust Deed, your Trust Deed will fail and lead to sequestration. It is vital that you speak to us as soon as possible, remembering that we have your best interest at heart.

What happens if you apply for a loan while in a Trust Deed?

You shouldn’t attempt to take out any credit while in the Trust Deed.

If you do apply for a loan while in a Trust Deed and in the very unlikely you were successful, you will still be liable for the full amount of the new debt and can’t add it into the Trust Deed at any point. You cannot apply for any guarantor loans or payday loans either.

Can you buy a property when in a Trust Deed?

Any property you buy in the duration of your Trust Deed vests with the Trustee. You would also struggle to be accepted for a mortgage whilst in the Trust Deed.

However, if you did try to buy a property when in a Trust Deed, it would depend on your personal circumstances such as your income and whether you can convince a Mortgage Advisor you can reliably make your mortgage payments.

Will a Trust Deed affect my partner or spouse?

A Trust Deed will not affect your partner or spouse unless you have joint debts together.

If you do not hold any joint debts together, you do not have to inform your partner or spouse about your debt as this is your own personal decision. However, for emotional support it’s usually best to talk openly about your debts to those closest to you. We will give you support too.

Will a Trust Deed affect my job?

Certain employers may not allow you to have any form of insolvency, particularly if you work in the finance industry. We can give you advice on this during a phone call and whether it is likely that a Trust Deed can affect your job.

Is my home and car protected?

This is a common question that people ask us, and the answer is yes – in a Trust Deed, your mortgage and car HP payments are ring-fenced so you would just continue paying them as normal – subject to approval, and completion.

If your house or car were at risk you would be advised other options. Your advisor will explain how we can protect your house and car.

Try the Trust Deed Wizard®

Is there an age restriction for Trust Deeds?

There’s no particular age restriction for Trust Deeds however each case will be considered on its own basis and risks.

How much debt do I need to take out a Trust Deed?

The minimum debt level is £5,000, this can include most unsecured debts from:

✓ Unsecured Bank Loans ✓ Payday Loans ✓ Credit Cards ✓ Council Tax Arrears ✓ Store Cards ✓ Catalogues ✓ Overdrafts ✓ Credit Unions ✓ Previous Mortgage (shortfall) ✓ Previous Car HP (shortfall) ✓ HMRC Bills (self-employed)

With interest and charges, previous addresses and forgetfulness, many people can have a higher debt total than what they may think. Our advisors can run checks to find out how much debt you have.

Who can enter a Trust Deed?

A Trust Deed is available to people who have been living in Scotland for more than six months and who have a total debt of £5,000 or more. There are many factors that can influence your eligibility for a Trust Deed, including:

✓ Homeowner equity ✓ How much you can afford to pay ✓ Your debt level ✓ Who your debts are with

You can qualify as a homeowner (depending on your equity, don’t worry we will check this as part of the process), a private tenant, a council tenant, or someone who lives with their parents. If you own your home, your Trust Deed Scotland® advisor will explain to you how you can protect it.

Find out if you can enter a Trust Deed in 60 seconds with our Trust Deed Debt Calculator.

What happens after a Trust Deed term is complete?

You will be discharged and your qualifying debt will be written off. This will leave you free to enjoy life after debt.

Unless you’ve agreed otherwise with your trustee beforehand. Legally, your creditors can no longer pursue you for the remaining amount after a Trust Deed term is complete.

A Trust Deed typically lasts for 48 months but it may be extended by a year if you want to protect your assets such as your home and car.

Can I freeze my interest and charges?

When you enter a Protected Trust Deed or DAS, your future interest and charges can be frozen. After signing a Trust Deed, you’ll be paying back the debt you already owe but not racking up any more debts as you go.

What Is A Trustee?

In the context of Scottish Trust Deeds, your Licensed Insolvency Practitioner will take on the role of Trustee, they will administer the Trust Deed. They will become the liaison between you and your creditors.

As long as you make the reduced monthly payment, your creditors can no longer call you up, email you or contact you directly in any way.

What’s The Difference Between A Trust Deed And A Deed Of Trust?

The difference between a Trust Deed and a Deed of Trust is quite significant. A Trust Deed is an alternative to bankruptcy in Scotland and involves a professional overseeing your repayment of debt over a certain amount of time to your creditors.

A Deed of Trust meanwhile, is a legal document most commonly related to the ownership of property. It also involves a Trustee who manages how property is really owned, enabling your percentage of ownership to be protected, even when you are not listed in the land registry as the owner.

For more information, we have a whole blog on the differences between Trust Deeds and a Deed of Trust.

Where are Trust Deeds registered?

Trust Deeds are registered on the Register of Insolvencies.

Will a Trust Deed affect my credit rating?

Your credit rating will be affected by a Trust Deed, but in our experience, if you have overextended yourself – even if you haven’t missed payments, it may have already been damaged.

Once your Trust Deed agreement has ended, you can start rebuilding your credit rating. A default notice will remain on your credit record for six years after it’s registered. Trust Deeds lasts for four years, so it’ll be on your credit record for two years after it’s complete.

In our experience, most people don’t want to live their lives by repeating the burden of having unmanageable debt after completing a Trust Deed or other debt solution and stick to essential borrowing only.

What’s the difference between a secured and unsecured debt?

The difference between a secured and unsecured debt is as follows: A secured debt is any debt that is secured against an item. The company lending you the money will use your asset as security if you can’t repay your loan, that means your lender has the right to repossess your home or car.

An unsecured loan is when you borrow money from a lender and agree to make regular payments until it’s paid. This type of loan isn’t secured on any assets and so the interest rates tend to be higher.

How much does a Trust Deed cost?

You don’t need to pay to set up your Trust Deed but there are costs involved in running a Trust Deed, such as:

A fixed administration fee and percentage fee based on the amount you’re paying back

All Insolvency Practitioners charge fees and there’s no free service, however, these fees are included in the monthly amount that you agree to pay back. These fees are agreed by your creditors and put simply, they are absorbed by the creditors as they are writing off a proportion of your debt.

The more important thing for you is not what the Trust Deed costs your creditors, but that you will make one fixed monthly payment at an affordable level and that after your term is complete, you’ll become debt free.

How are Trust Deed monthly payments calculated?

Your Trust Deed monthly payments are based on your disposable income, which is calculated by deducting your living costs from your income. This can include for example ✓ mortgage/rent ✓ bills ✓ childcare ✓ transport costs ✓ food and even lifestyle costs such as haircuts and hobbies.

Most people find that after entering a Trust Deed their monthly outgoings are significantly reduced, alleviating stress from debt.

What debts can I include in a DAS?

In a Debt Arrangement Scheme, you can include debts most unsecured debts in a DAS, including:

✓ Credit Cards ✓  Store Cards ✓  Personal Loans ✓ Overdrafts ✓ Payday Loans ✓ Council Tax Arrears ✓ Utility Bill Arrears ✓  Shopping Catalogues ✓  Credit Unions ✓ HMRC
The following secured debts but only the arrears – this is optional:

✓  Mortgage Arrears, which are missed mortgage payments ✓  Rent Arrears, which are missed rent payments ✓  Car Finance Arrears, which are missed payments on your car, such as with an HP agreement

The following cannot be included in a DAS ❌ Student Loans ❌ Court Fines ❌ CSA / Child Maintenance Arrears

What does Protected Trust Deed mean?

Protected Trust Deed means that the majority of your creditors agree to its terms and that the Accountant in Bankruptcy (AiB) have formally agreed to protect its status by way of formal legislation.

After your Trust Deed is registered, all creditors have the opportunity to object. However, if either a majority in the number of creditors or a creditor with over 33% in debt value object within five weeks, then it can fail to become protected. If they don’t object your Trust Deed will be presented to the AiB for protection.

Getting your Trust Deed protected means that your creditors can no longer pursue you or take any action to recover the debt.

If your biggest creditors don’t agree to your Trust Deed, it’s not ‘Protected’ and therefore not legally binding.

At Trust Deed Scotland® we have a 97% success rate for protection and make the entire process as transparent and stress-free as possible. If we can see a risk that a Trust Deed may not gain protection we will always try to manage your expectations and let you know beforehand. Remember too that there are other Scottish debt solutions.  In all cases, our advisors will make sure that you are aware of the pros and cons of all solutions, not just Trust Deeds.

Does Sequestration affect my credit file?

Yes. Sequestration does affect your credit rating. Usually, credit reference agencies will hold information about Sequestration for 6 years from when it was first granted. Your details will be also added to the Register of Insolvencies for 5 years.

Would Sequestration affect my job?

Sequestration could affect your job. If you have gone through Sequestration, you would not be able to be a company director for example.

Depending on the job that you hold, or the industry in which you work within; a debt solution may impact your career. Sequestration has the most severe impact and we also ask you to think about how your career may change in later life.

The advantage of talking to an expert debt advice company like Trust Deed Scotland is that we’ve had experience in helping people from all walks of life. From CEOs to call centre operatives. From Doctors to Admin Assistants. From Police Officers to Engineers. Our experts are non-judgemental and knowledgeable.

How long does a Debt Arrangement Scheme last?

For individuals, Debt Arrangement Schemes can last for a reasonable length of time.

For businesses contemplating a Debt Arrangement Scheme, they last for 5 years maximum.

What debts can be included in a business DAS?

There are many debts that can be included in a business DAS. The business Debt Arrangement Scheme, you can include debts arrears from:

✓ Business rates, The following HMRC debts: ✓ PAYE ✓ VAT ✓ National Insurance ✓ Self Assessment Income Tax ✓ Rent ✓ Utilities ✓ Trade Suppliers

As well as a Business DAS, you may qualify for other forms of self-employed debt help.

What are the differences between a Debt Arrangement Scheme and a Scottish Trust Deed?

There are many differences between a Debt Arrangement Scheme and a Scottish Trust Deed.

Arguably, the biggest difference is the length of the term – Trust Deeds last for 4 years. After this time, any remaining debt is paid off. With Debt Arrangement Schemes, they last until all your debt is repaid.

The amount of debt often dictates the most likely solution. To qualify for a Trust Deed, you must be in at least £5,000 of debt. For Debt Arrangement Schemes, there is no minimum debt level.

Will I be contacted by creditors when I am in a Trust Deed?

People worry that they will be chased for payments when the Trust Deed is running however, this is not the case.

A Protected Trust Deed and DAS use formal legislation, meaning that your creditors are legally bound not to contact you for any payments, as the payments for your debt will now come from your Trust Deed or DAS contributions. You may be contacted by creditors and receive the occasional letter but these are not used to continue collecting the debt and all official contact will be managed by the Trustee.

Will my creditors agree to a Trust Deed?

With our industry experience, a fantastic rate of over 99% of our Trust Deed proposals are accepted. If a creditor wanted to object, it would do so in writing within five weeks of your Trust Deed being proposed.

Even then, it would only fail if that creditor represented over 33% of the total debt value or over one half of the number.

If 67% of creditors agree with the proposal, then the other creditors will still be legally bound by its terms, even if they object.

In the unlikely event that your Trust Deed was rejected by your creditors, your trustee would negotiate your case in an attempt to have it accepted, remember other Scottish debt solutions such as the Debt Arrangement Scheme (DAS) and Sequestration can also be available.

 

What if my circumstances change when I am in Trust Deed?

 

The most important thing to remember is that tell your trustee of any financial changes that will prevent you from sticking to the Trust Deed payment agreed with your creditors.

Your trustee will work with you to help you complete your Trust Deed if your circumstances change when In a Trust Deed, your Trustee will be there to advise on the best resolution and any correction action required to make sure that your Trust Deed results in you becoming debt free.

What unsecured loans aren’t covered by a Trust Deed?

 

Student loans can’t be included in a Trust Deed. Special consideration must be given to guarantor loans as your guarantor will become liable for the full balance of the loan should you enter into a debt repayment scheme. These unsecured loans aren’t covered by a Trust Deed, all other unsecured loans are OK.

What debts can I include in a Scottish Trust Deed?

 

A Scottish Trust Deed can include almost all types of unsecured debts.

✓ Unsecured Bank Loans ✓ Payday Loans ✓ Credit Cards ✓ Council Tax Arrears ✓ Store Cards ✓ Catalogues ✓ Overdrafts ✓ Credit Unions ✓ Previous Mortgage Shortfalls ✓ Previous Car HP ✓ HMRC Bills (self-employed)

The main unsecured debt that can’t be included in the Scottish Trust Deed is court fines, penalties and student loans. More information on Scottish Trust Deeds call us on 0141 221 0999.

What’s the minimum debt level required to take out a Trust Deed?

 

£5,000 is the general minimum debt level required to take out a Trust Deed. You also need to have a regular income or for someone to guarantee to pay some or all your debt.

Are there any fees when setting up a Trust Deed?

 

No setup fees are involved in setting up a Trust Deed. All administration fees are included in your monthly payments…

⚫ A fixed administration fee

⚫ A fee based on how much debt you pay during your trust deed term

These are charged against the monies that you owe your creditors, so will be agreed between your Trustee and your creditors at the start of the Trust Deed proposal stage. More information on our  Trust Deed fee information is available here.

 

How long does a Trust Deed last in Scotland?

 

4 years. Typically a Trust Deed in Scotland lasts for 4 years. You will make one fixed regular monthly payments based on your affordability. Your trustee who distributes the money to your creditors, minus their fee for arranging and managing the Trust Deed.

However, in some circumstances it could take you longer to complete the Trust Deed. This would be discussed with you in more detail.

Will I be able to take out a mortgage after completing a Trust Deed term?

 

Getting a mortgage after a Trust Deed will depend much on your income and whether you can convince a mortgage lender that you’re a responsible borrower after completing your Trust Deed.

We recommend that you talk to a financial advisor for more information about this.

Will I lose any of my assets if I enter a Trust Deed?

 

Your Trust Deed repayment amount is based on your affordability, taking into account all your income and expenditure details. In the rare occasion that you do not keep up repayment of your Trust Deed then yes, any assets could be at risk. However, your assets will be protected if you stick to the Trust Deed’s terms and you will not lose any assets while in your Trust Deed.

When does sequestration end?

 

Your Sequestration ends when you are ‘discharged’, usually a year after you’ve formally entered the process.

How much does sequestration cost?

 

There is a charge of £200 to go through a sequestration. This is the standard Sequestration cost.

You might be able to pay this in instalments. Call us on 0141 221 0999 for further advice.

What do other people say about Trust Deed Scotland?

 

You can read over 2,500 Trust Deed Scotland reviews from other people on our Trustpilot profile and on our Trust Deed Scotland reviews page.

We’ve advised over 20,000 people for over a decade and in their own words, our customers speak about their own experiences and people say about Trust Deed Scotland that we’ve changed their lives for the better.

Apply for a trust deed today or for more information, call us on 0141 221 0999.

 

What happens if I have equity in my home?

 

If you’re a homeowner and your home is worth more than the amount owed on your mortgage loan, you may have to release some of its value.

The gap between the value of your home and mortgage is called equity. Your advisor will discuss what happens If you have equity in your home with you, and if necessary, any equity arrangements will be organised before entering a Trust Deed.

Apply for a trust deed today or for more information, call 0141 221 0999

What’s the downside to this?

 

Yes, there are downsides to this of course.

With all debt solutions, the main impact for you will be it will affect your credit rating. Credit reference agencies will assess the level of risk based your on financial history which may include a trust deed, however, once your Trust Deed, DAS or Sequestration is complete, you can start to rebuild your credit rating.

In recent Radio and TV campaigns, Trust Deed Scotland have said that if you do something about your debt today, you do not have to worry about it tomorrow. We firmly believe that the sooner that you talk to ourselves, or any other expert advisors, the sooner we can begin to help you understand what your options are to achieve life after debt.

We want you to explain to you the pros, cons, and alternatives open to you so that you fully understand the advantages and disadvantages.

Trust Deed Scotland has always invested in the best training and compliance systems available to make sure that every single person that we speak to has the best possible outcome. We take pride in achieving over 2,500 5* reviews and being the #1 Debt Advice Company in the UK.

For a life after debt, trust us.

 

Debt Advice Scotland – Personal Financ Guidance FAQ

🔒 100% Confidential, No Obligation. 🕕 Find Out If You Qualify In 60 Seconds.

Getting the right debt advice in Scotland can be confusing. Google, Social Media, TV, Radio and Newspaper advert talk about different products available in the UK.

Some of these products are available only in England Northern Ireland, and Wales and then some debt solutions are available only to Scottish residents.

The Official Trust Deed Scotland® have helped over 20,000 people and has received over 2,500 5* reviews on the independent reviews platform Trustpilot.

It is important that you seek advice. If you do something about your debt today, you don’t need to worry about it tomorrow.