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Trust Deeds FAQ

 

What is the difference between a Trust Deed and an IVA (Individual Voluntary Arrangement)?

A Trust Deed is the Scottish equivalent (in principle) of an IVA (Individual Voluntary Arrangement).

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How do I know whether a Trust Deed is the right option to my debt problem?

An advisor will talk through options and help you make the decision.

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Why will my creditors agree to a Trust Deed?

Although the letters and calls you may have experienced recently may suggest otherwise, your creditors want to help you with your situation and recover as much of their debt as possible. As long as you communicate honestly with them about your situation, they will understand. In most cases they will accept less than what you owe, if that is all you can afford, providing they are satisfied that you will keep to any agreement.

Sequestration (bankruptcy) is costly, time consuming, and a large amount of the money raised from a sequestration (bankruptcy) will be used to cover professional fees, therefore creditors would in most cases prefer not to resolve the situation in this way.

A Trust Deed offers the simplicity of a repayment arrangement between yourself and your creditors with legal backing, without the high cost and low returns of a sequestration (bankruptcy).

Your creditors will welcome a Trust Deed where appropriate, as an effective resolution to the situation that you find yourself in.
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Will I lose my house if I enter into a Trust Deed?

No, but if you have equity, this will be taken into account and may need to be released to pay your creditors. If the property is joint-owned, then an appropriate portion of the equity will be taken into consideration.

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Will a Trust Deed affect my employment or professional status?

No, a Trust Deed is an arrangement for responsible people who want to deal with their debt problem, and as such you will not prejudice your employment.

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I own a business, will I have to close it?

No, you will not necessarily have to give up your business or directorship in a Trust Deed.

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Which creditors can be included in a Trust Deed?

You can include debt to banks, finance companies, credit or store cards, HM Customs & Excise (VAT), Inland Revenue, and loans made by your friends and family. Debt that cannot be included are mortgage debt, hire purchase, student loans, fines, debt incurred through fraud, maintenance and child support arrears.

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What will happen if I fail to keep up payments on the Trust Deed?

It is very important that once in a Trust Deed, that monthly payments are made as proposed. If at any point your financial situation changes and the monthly payments are no longer affordable, then you must consult immediately with your Trustee.
If you don’t keep up payments then your supervisor can initiate sequestration (bankruptcy) proceedings against you.

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What will happen at the end of the Trust Deed?

Your remaining debt will in effect be written off and you will be free from debt.

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Do I need to notify my partner or family?

You can choose not to notify your family, and even your partner, but we would advise that you do inform those that are very close to you.

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Will all debt covered by the Trust Deed?

Your Trust Deed will cover your unsecured debt and arrears, such as unsecured loans, credit cards and rent arrears.

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How does secured and unsecured debt differ?

Secured debt is secured against assets you own, such as a house or a car. If you fail to keep up repayments on secured debt your assets may be at risk. Unsecured loans are not secured on any asset.
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Will I be protected from further recovery action, charges and interest?

If the Trust Deed is accepted it will prevent any further action, including the addition of charges, and all interest will be frozen.

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How long will it take to set-up a Trust Deed?

The process of preparing the Trust Deed will begin immediately and is usually set-up and fully in effect within 6 weeks.

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What will happen if the Trust Deed is not approved?

There are other alternatives to a Trust Deed if it is not approved, Dissolve Debt will be happy to advise the next course of action if the Trust Deed fails.

Apply for more information about Trust Deeds