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Trust Deed – Scottish Residents Only

Advantages:

  • It allows you to put forward, through licensed Insolvency Practitioner, a realistic offer of repayment to creditors, if you have one available.
  • Only pay back what you can afford. On successful completion any debt you cannot afford to repay is written off.
  • In almost all cases, stay in your home and keep your car.
  • Clear your unsecured debts in typically 48 months.
  • Include all your eligible unsecured debt into the Protected Trust Deed.
  • Creditors cannot take legal action once your Trust Deed is protected.

Disadvantages:

  • You will not be allowed further credit while on a Protected Trust Deed.
  • If your Trust Deed fails, your creditors may request to have you sequestrated (Scottish Bankruptcy). This is unlikely, however this will always be discussed before your Trust Deed commences.
  • If you fail to keep up the repayments of your Trust Deed then your assets may be at risk and sequestration proceedings could start against you.
  • Certain professionals are barred from practising if they enter in to a Trust Deed.
  • After completion of the Trust Deed, it may be more difficult and more expensive to get credit for a further three years as it may stay on your credit report during this time.
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