
If you’re a resident of Scotland, and you can’t keep up with your monthly repayments to your unsecured debts, a Trust Deed might be a more suitable solution than some of the other options you may have available to you.
A Trust Deed is a voluntary agreement between you and your creditors which involves transferring the rights you have to your assets to a trustee (the person in charge of your Trust Deed) – who can then sell them and use the money raised to repay your creditors.
In most cases, a Trust Deed will last for three years, but this can vary depending on your circumstances (and your ability to maintain your payments, amongst other things).
Trust Deeds are legally binding agreements – which means all your unsecured creditors are bound by the agreement. So, as long as you can stick to your side of the Trust Deed while it’s underway, your creditors aren’t allowed to take any further legal action against you to recover the money you owe them, or try and make you bankrupt.
A Trust Deed won’t actually protect you against action from your secured creditors – they may still repossess your home if you can’t keep up with your mortgage payments. It can, however, make it easier for you to stay on top of those payments.
What happens if I enter a Trust Deed?
If you decide to enter a Trust Deed, you won’t be able to petition for your own bankruptcy or for a debt repayment programme under the Debt Arrangement Scheme (DAS).
Once you’ve signed a Trust Deed, your trustee will do several things:
- Contact your lenders, letting them know you’ve signed a Trust Deed and asking them to accept it.
- Advertise your Trust Deed in the Edinburgh Gazette.
- Pass a copy of your Trust Deed on to the Accountant in Bankruptcy (providing enough of your creditors accept the agreement). Your Trust Deed will then be recorded in the Register of Insolvencies.
What happens at the end of my Trust Deed?
Providing your Trust Deed comes to a successful close, you will be discharged and you’ll be debt free as far as your unsecured debts are concerned. This can only happen after your trustee has issued a letter of discharge – after which, your creditors will not be allowed to pursue you for any money they were owed before your agreement began.
How will a Trust Deed affect me?
A Trust Deed can prevent you from becoming the director of a company, for example, and you may not be able to hold a public office. The agreement will also damage your credit rating, affecting the cost and/or availability of further credit for three years. Plus, if you’re a homeowner you’ll probably be expected to release equity from your property.
If you’d like to find out more about a Trust Deed, you could speak to a professional debt adviser.



