Scottish debt management programs have a helpful means for individuals to deal with any debt issues. Instead of the “pay up or else” often seen in most other countries, the debt payment system in Scotland has traditionally worked on trust in the form of the trust deed. This is a contract where debtors (natural debt or debt created through the creation of a partnership) agree to repay a debt within a certain time frame. This system was the foundation of The Bankruptcy (Scotland Act) of 1985 and is the reason trust deeds are now split into two types, the voluntary, or the protected.
When people talk of voluntary trust deeds, they refer to agreements that a debtor and the creditor came to an agreement how a debtor pays back part of what he owes. The the agreement usually outline how much money that will need to be paid each month and for how long. Creditors must agree to the agreement before it becomes legally binding and executory.
For those who choose the protected system; they will need agree to have the debt managed by a properly licensed insolvency practitioner, whose job is to evaluate the payment schedule to ensure it adequately protects creditors. Essentially these agreements allow a debtor to sign up for deed agreements that support the trustee, whose purpose is to give up the estate for the benefit of the creditors. Protected agreements have their main advantage in shielding the debtor from any non agreeing creditors, who may enforce repayment of the debt through sequestration, apart from lawfully claiming payment off a trustee.
In principle, a trust deed is protects the privacy of the debtor in order to save his reputation. As mentioned above, debtors are protected from sequestration, which is the formal publication of the state of bankruptcy. Additionally, the interest rates and other future charges on the principal debt itself will stop at this point. The debt then will be arbitrated by the state through the Insolvency Practitioner. In terms of restructuring, the period is usually set for 3 years with a guarantee of single and affordable payment every month. After the time has elapsed, the debtor will be completely freed from paying it.
However, just like any good thing in life, this system has a trade-off. Inevitably, an individual’s credit rating will be affected, and the debtor will be forced to declare all assets and liabilities upfront. This includes being required to release all sorts of equity attached to any property, and large assets being sold in order to have their value realised. Furthermore, this can also affect a person’s corporate position, as he or she is now prohibited from holding a director’s position in a Limited Company. Finally, if the creditors agree to the deed, a record will be made in the Register of Insolvencies with the Edinburgh Gazette publishing the details of it.
The cost of each deed is pegged on how much a person owes. Other fees include payments for the practitioner as well as for the disbursement and efficient management of payment each month. In the end, while it has some cons, a trust deed can be extremely helpful in managing debts.