Trust deed

A trust deed is a legally binding arrangement between you and your creditors.

If accepted, they agree to a fixed affordable monthly payment over a fixed term (usually three years). If your trust deed is accepted it becomes ‘protected’. This means the creditors will not chase you for payment or add any more interest to your balances, and will prevent your creditors from taking court action once it is ‘protected’. It is a form of insolvency and so your unsecured debts need to outweigh your assets, such as property or vehicles.

You cannot arrange a trust deed without an Insolvency Practitioner, the 'trustee'. The Insolvency Practitioner acts on your behalf to draw up the proposal, hold a creditors meeting to get the proposal accepted, and support you throughout the arrangement. An Insolvency Practitioner will charge for their services and it is important that you shop around for the right one. Alternatively we can recommend an Insolvency Practitioner.

Before you start investigating into a trust deed, it is important to first find out if a trust deed is the best option for you.

Trust deeds are a specialised area of advice and we can help by referring you to a reputable Insolvency Practitioner. You can use our online debt counselling service, CCCS Debt Remedy, which will provide you with the most appropriate solution to your debt problem. Alternatively contact our free Helpline on 0800 138 1111.

    

FAQs

Scotland > Debt solutions > Trust deeds

If you already have a decree and diligence has started, a trust deed will not stop actions such as a wages arrestment or inhibition.

But a protected trust deed will prevent further court action and diligence.

Scotland > Debt solutions > Trust deeds

The trustee is a qualified Insolvency Practitioner who administers your trust deed. You will have to pay for their services, but these payments are normally included in the monthly payments you make to the trust deed.

Scotland > Debt solutions > Trust deeds

If a majority of your creditors by number (e.g. 6 out of 10) object, or creditors who hold a total of more than one third of your debts (e.g. £11,000 out of £30,000) object, the trust deed can not become protected.

In this case, your creditors could continue with legal action if they wanted, so you would need to find a different way to deal with your debts.

Scotland > Debt solutions > Trust deeds

If a trust deed fails, for example because you missed payments, you risk being made bankrupt by the trustee or your creditors. You also risk further court action from creditors and you would need to find a different way to deal with your debts.

If your trust deed fails, you may be prevented from later starting a Debt Arrangement Scheme.

© Consumer Credit Counselling Service 2009