Friday, 9 December 2011

Scottish Trust Deeds

There is a number of solutions for people living in Scotland who have financial problems they are struggling with. One of the options available to people in Scotland is called a Scottish Trust Deed.

So what is a Scottish Trust Deed?

A Trust Deed is a legally binding arrangement for Scottish citizens giving them the opportunity to consolidate their loans to help clear their unsecured debts. Using this solution debts are restructured and paid back at a rate you can afford over a period of time. Typically this solution will last for a period of 36 months, at the end of the solution the creditors will agree to write off outstanding and unpaid debt. Someone entering a trust deed will make one regular monthly payment to their appointed trustee .Your payment is then redistributed (via your trustee) to your creditors on a pro rata basis. The exact amount you will pay into your protected trust deed will depend on your financial position; this is ascertained once a full income and expenditure has been conducted.

So what is the benefit of a Trust Deed?

For people with unmanageable debt problems it offers a number of advantages. Due to the debts being consolidated into an affordable monthly payment the debtor will no longer struggle to meet their monthly obligations to their creditors. As the arrangement has a fixed time period once the trust deed has been approved you will know exactly when you are free from the burden of debt. Once the deed comes into effect (approximately 6weeks) all interest and charges relating to the debt are frozen. Creditors thereafter will not be able to take further legal action in relation to the debt. Once the trust deed has been completed any outstanding debt is written off.

How do I go about entering a Trust Deed ?

As a Scottish Trust Deed is a legally binding arrangement it must be administered and managed by an Insolvency Practitioner licensed to operate in Scotland. It is the Insolvency Practitioners responsibility to collate all relevant information regarding your income, expenditure and a full list of debtors. Once the insolvency practitioner has accrued this information they will put a proposal to your creditors for approval. Under Scottish law the proposal will be automatically accepted unless a majority of creditors object in writing within five weeks. Once the proposal is accepted it becomes known as a Protected Trust Deed.

Will a Scottish Trust Deed be suitable for me?

There is certain criteria you need to meet in order to qualify for a Trust Deed and as a result they are not suitable for everyone. As a general rule you will need to have debts of at least £8000 with the debt owed to 3 or more separate creditors. You will also need to be in employment with sufficient disposable income to be able to make a monthly contribution to your debts.

IVA Advice provides information on Scottish Trust Deeds, Individual Voluntary Arrangements and alternative debt solutions. Our debt advisors have helped many people throughout the UK to solve their financial problems.

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