Take Control With Scottish Trust Deed

If you’re a Scottish resident and are struggling with growing debt that you can’t quite pay off, then a Trust Deed could be just what you need.



Scottish Trust Deeds

What is a trust deed and how can it help me?

A Trust Deed is a government approved debt solution available to Scottish residents. A Trust Deed is a voluntary arrangement to pay your unsecured debts which transfers your rights to your assets (things you own) to a trustee who will sell these to pay your creditors. In addition you will be required to pay monthly payments into your trust deed for a fixed period usually around four years.

There are two types of trust deed. The first is a protected one which means the majority of your creditors have agreed to its terms. A Protected Trust Deed prohibits creditors from taking any further action against you and they must freeze your debts. An unprotected or ordinary trust deed is one which a certain proportion of your creditors have objected to the terms of the deed. In an ordinary trust deed your creditors may still decide to pursue you for the money you owe and can still take legal action against you.

For more help and advice, contact the debt charity StepChange

Pros & Cons of
Scottish Trust Deeds

Scottish Trust Deeds

Settle your debts for less
  • Clear your debts with one affordable monthly payment which is based on what you can afford
  • Write off all the debt you can't afford to repay
  • Prevent or stop legal action including sequestration
  • Debt-free after three years (in most cases)
  • Your credit rating will be affected for 6 years in total
  • Legal action can only be prevented if your Trust Deed becomes protected
  • Unless your mortgage company agrees to exclude your house from the trust deed it will be sold by the trustee to pay your debts
You should note that if you are a director of a company you will not be allowed to sign a Trust Deed. There are also some professions such as in the financial services or armed services where signing a Trust Deed could affect your job. You should refer to your terms of employment or speak to your employer prior to considering this option.
This will depend on the value of your vehicle and whether it is required for travelling to work on a regular basis. If you have a high value car the trustee may order you to sell it and downsize to a more economic model or to use alternative transport.
Any unsecured personal debt can be included. However you may not include debts to family members. Examples on personal unsecured debts would be credit cards, pay day loans, personal loans and overdrafts.
Hire purchase debts can’t be included in a Trust Deed unless the item the loan was secured on has been returned or seized and you only have a shortfall left to pay. Similarly a mortgage shortfall, where you have lost your property but still owe part of the mortgage can be included.
If your circumstances change you must inform the Trustee immediately so they can decide if the Trust Deed can continue at the level of payment you are now able to make. If you are fired or if you get a pay rise you must inform the Trustee and the payments you make will need to change accordingly. If you fail to make the agreed payments you run the risk of the Trust Deed failing.
No you are allowed to keep certain items such as household appliances and children’s toys. Other items are at the discretion of the Trustee. In general the idea is for you to have a manageable standard of living. Similarly your house can be excluded from the trust deed if your mortgage company agrees.
This is up to the creditor. A lot of the time they will not permit you to include this. In the case of Council Tax which has gone to a Sheriff they may stop the diligence and allow you to include it.
Yes you are not permitted to include fines, debts to family members or any item pertaining to fraud such as benefit overpayments. This list is not exhaustive and our advisors are best placed to look at your debts and advise which ones can go in.

The Money Advice Service offer free and independent debt advice, find out about more options here