Trust Deed Scotland

Trust Deed Scotland^® is Scotland’s No.1 Debt Solutions Provider, specialising in Protected Trust Deeds and DAS. Here’s why:

In Scotland, Between 1 Jan 2024 and 31 December 2024 a total of 5,123 people entered into a Protected Trust Deed, 2,501 people were awarded Bankruptcy (Sequestration) and 5,309 people were approved for a Debt Payment Programme under the Debt Arrangement Scheme. These statutory debt solutions total 12,933 people.

During this same period, Trust Deed Scotland^® (Harper McDermott Ltd) had 1,536 Trust Deeds gain protection status, had a further 1,607 approved Debt Payment Programmes under the Debt Arrangement Scheme, and a total of 0 Bankruptcies awarded. With a total number of 3,143 formal debt solutions approved during the period, this makes Trust Deed Scotland^® (Harper McDermott Ltd) the leading provider overall. Informal debt solutions such as Debt Management Plans are not included in these statistics.

More information on these statistics are available from the Accountant in Bankruptcy.

According to official AiB data, there were 5,622 Trust Deeds granted in Scotland in 2023. This compares to 5,547 people being granted a Trust Deed in the previous year of 2022.

As a formal Scottish debt solution, the Protected Trust Deed remains the most commonly used formal method of repaying debt in Scotland. For comparison, AiB data shows that in the Financial Year of 2023-24, there were 5,278 approved Debt Payment Programmes (DPPs) under the Debt Arrangement Scheme (DAS).

Trust Deed Scotland^® is the No.1 Rated Debt Solutions company in Scotland based on our Trustpilot reviews and we’ve helped over 30,000 people use Trust Deeds to achieve a brighter future.

For the whole of 2023, 98.6% of our Trust Deeds gained protection status. An industry-leading statistic.

As with all formal debt solutions in Scotland, the main downside for you will be how it affects your credit rating.

Having a Trust Deed will affect your credit rating for six years from the date the Trust Deed begins.

When borrowing money, credit reference agencies will assess the level of risk and base their decision on your financial history. This will include any defaults, whether you’re in a Trust Deed or used any other form of debt relief tool.

However, once your Trust Deed term has been complete and you have been discharged, you can then start to rebuild your credit rating and apply for a mortgage, credit cards etc.

While in a Trust Deed, you will make reduced monthly payments to your creditors, during which time you can get on with your life.

Before you commit to any Scottish debt solution, you would have a detailed call with an experienced debt advisor and the benefits and risks would be fully explained in the context of your own personal circumstances.

Every case is different to the next and with Trust Deed Scotland, you would receive tailored debt advice on what your debt repayment options may look like.

This is a common question that homeowners and vehicle-owning customers ask us when they approach us for Debt Advice, and the answer in most cases is yes. Your home and car are protected, depending on your own situation and the formal debt solution you choose.

In a Trust Deed or the Debt Arrangement Scheme (DAS), your mortgage and car are protected so that you would continue paying them as normal – subject to approval, and completion.

If your house or car were at risk as a result of entering into either a Trust Deed or the Debt Arrangement Scheme then this would be communicated beforehand. However, please rest assured there is a solution for you, reaching out and asking for help can provide you with peace of mind and a realistic answer that gives you the peace of mind to make an informed decision on which solution may be best for you.

People sometimes worry that they will be chased for payments after their Trust Deed has been protected, However, once you enter into a Trust Deed, your creditors will be required to direct any contact to your Trustee, rather than to you personally.

A Protected Trust Deed uses formal legislation, meaning 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 contributions.

If in the rare instance that you are in a Trust Deed and a creditor who is included in this agreement makes contact with you, you would refuse to engage in any conversation with them and simply refer them to your Trustee. Don’t worry about this, your Trustee will reiterate the terms of the trust deed to the people you owe money to at any given time.

It’s not uncommon for debts to be sold onto other companies, and the new lender may write to you to inform you of this process. On any such occasion, it is merely for informational purposes only and your Trustee will deal with this transfer on your behalf. All you need to focus on is repaying your agreed contribution as normal.

With our insolvency industry experience, a fantastic rate of almost 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% in the total debt value or over one half in number. If 67% 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 did fail, 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.

Entering into Trust Deeds will not affect your partner or spouse unless you have joint debt together.

When you sign a credit agreement, because you have done so in your own name; your spouse or partner is not responsible to pay your debts. If you start a Trust Deed, your partner or spouse will not be directly involved with the agreement.

They will not be forced to help you repay your debt and your creditors are forbidden from revealing details of the debt to your partner/spouse unless given clear permission to do so by you.

If you’re a homeowner and your property is worth more than the amount owed on your mortgage, you may have to release some of its equity in order to proceed with a Trust Deed.

Mortgage equity is the difference in monetary value between what you owe on your mortgage and the current value of your property.  The equity value is fixed at the start of your Trust Deed, so if the value of the property should go up, it doesn’t affect the conditions of your Trust Deed.

Where you have negative equity or a low level of equity, a threshold is set where the equity figure can be ignored.

If there is significant equity in your home, you’ll agree with the Trustee how to deal with this in advance. You may, for example, extend the Trust Deed term from 48 months to 60 months.

Where you have a large amount of equity in your home and a Trust Deed is not your best option – the Debt Arrangement Scheme may be more suitable for you, as equity in your home is irrelevant.

Your advisor will discuss this with you, and if necessary, any equity arrangements will be organised before entering into a Trust Deed.

There are no upfront initial setup fees are involved in setting up a Trust Deed. All administration Trust Deed fees are included in your monthly payments:

1. 1) A fixed administration fee
2. 2) A fee based on how much debt you pay during your Trust Deed term

These are charged against the money you owe creditors and will be agreed between you and your Trust Deed company at the start of the proposal.

Your Trust Deed monthly payments are calculated using your disposable income. Your disposable income is a figure based on a deduction of your essential living costs that are offset against your income. The amount left over is the amount of money that you have left to pay the people you owe money to (your creditors).

When you apply for a formal debt solution in Scotland, your essential living costs include your priority debts such as your mortgage, or rent commitments and other priorities such as utility bills and council tax.

Allowances are given for childcare, travel expenses, car finance and other essential expenditures are included such as food and even lifestyle costs such as haircuts and hobbies.

Entering into Trust Deeds or any other formal debt solution means that your monthly outgoings caused by unaffordable debt are significantly reduced, your new Trust Deed monthly payments are calculated fairly, alleviating the stress caused by debt.

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.

48 months typically. Trust Deeds in Scotland last for a minimum of 4 years.

You will make one reduced, affordable monthly payment to your Trustee, who distributes the money to your creditors, minus their fee for arranging and managing the Trust Deed.

However, in some circumstances, it may take you longer to complete the Trust Deed. e.g the duration of the Trust Deed term may be extended for 12 months, meaning that the Trust Deed duration would then be 5 years.

This will be discussed with you in more detail when you speak to our experienced debt advice team.

Call Trust Deed Scotland today and not only can we confirm how long a Trust Deed lasts in Scotland for you depending on your circumstances, but we can also find out how we can help you with your unaffordable debts and provide you with tailored debt advice.