Trust Deed
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A Protected Trust Deed is a formal debt solution available only in Scotland. It allows you to make one affordable monthly payment towards your unsecured debts for a fixed period (usually 4 years). At the end of the term, any remaining included debts are written off, giving you a fresh financial start.
What is a Protected Trust Deed?
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How does a Protected Trust Deed work?
- Professional debt advice: We review your full financial situation, income, expenses, assets, and debts using the Common Financial Tool to determine affordability and suitability.
- Proposal preparation: A licensed Insolvency Practitioner prepares the Trust Deed proposal, including your affordable monthly payment (typically for 48 months) and any asset contributions.
- Creditor approval: The proposal is sent to your creditors. If the majority (in value) do not object within the protection period (usually 5 weeks), the Trust Deed becomes “Protected” and is registered with the Accountant in Bankruptcy (AiB).
- Monthly payments: You make one affordable payment to the Trustee each month. The Trustee distributes funds fairly to your creditors.
- Debt write-off: After the agreed term (usually 4 years), any remaining included unsecured debts are written off.
- Ongoing support: We guide you throughout and help with adjustments if your circumstances change.
Is a Protected Trust Deed suitable for me?
- Live in Scotland and have unsecured debts of at least £5,000 that you cannot repay in full
- Have a regular income and can afford consistent monthly contributions
- Want legal protection from creditors while avoiding the higher asset risk of sequestration
- Prefer a fixed-term solution with the possibility of partial debt write-off
What debts can be included in a Protected Trust Deed?
- Credit cards and store cards
- Personal loans
- Payday loans and short-term loans
- Overdrafts
- Catalogue debts
What debts cannot usually be included?
- Mortgage or secured loan arrears (though the process may help manage payments)
- Council tax arrears
- Income tax, VAT, or other HMRC debts (in some cases)
- Child maintenance payments
- Court fines and certain student loans
- Debts incurred through fraud
Advantages and disadvantages of a Protected Trust Deed
Advantages
- Legal protection from creditor harassment and legal action once protected
- Interest and charges on included debts are usually frozen
- Fixed term (usually 4 years) with potential partial debt write-off at the end
- You make one affordable monthly payment instead of multiple bills
- Often allows you to keep your home and essential assets (subject to Trustee assessment)
Disadvantages
- Formal insolvency solution — it appears on your credit file for 6 years
- You must make consistent monthly payments for the full term
- Non-essential assets may be realised by the Trustee to benefit creditors
- Some restrictions during the term (e.g., on new credit or certain jobs)
- Requires creditor approval to become protected
Will a Protected Trust Deed affect my credit file?
How long does a Protected Trust Deed last?
- Payment term: Usually 48 months (4 years) of affordable monthly contributions.
- Debt write-off: Any remaining included unsecured debts are written off at the end of the term (provided you have kept to the agreement).
- The process provides a structured, time-limited path to debt freedom compared to longer informal plans like a DMP.
Alternatives to a Protected Trust Deed
- Debt Management Plan (DMP) — Informal, flexible repayment with reduced payments (no debt write-off)
- Debt Arrangement Scheme (DAS) — Statutory repayment plan for Scotland residents
- Sequestration — Scottish bankruptcy with faster discharge but higher asset risk
- Individual Voluntary Arrangement (IVA) — Similar formal solution available in England, Wales & Northern Ireland
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