Feb 8th

Advantages Of Scottish Trust Deeds Discussed In Depth

Insolvency is the inability to pay one’s debts when they are already due and it will become a problem for the debtor when the credit company will keep on calling, making a follow-up for the payment of the due. There are, however, trust deeds which one can enter into with his investor to bail him out of bankruptcy. These trust deeds are legally binding agreements between the creditor and an investor through an insolvency practitioner or a Trustee.

In Scotland, residents with uncleared debts, they may be able to consolidate and clear out their liabilities through Scottish Trust Deeds. In this arrangement, debts are restructured to be paid in affordable rates at a fixed period of time. Generally the period of the deed is for thirty six months or 3 years. The rate is calculated based on what the payee can afford, depending on his monthly income. Payment is in a pro rata basis to be made singly each month.

Trust deeds are beneficial to the payee for he will not anymore struggle to keep up with the pay back of his debts. Since the agreement is in a fixed period with a regular payment to be made, the debtor is knowledgeable of the time that he will be free of the accountability. Once the deed is in place, all interests and other charges related to the debt is cancelled, and no other legal actions can be employed by the credit company against the debtor. It is essential that all aspects of the agreement are signed off in the specified time – this will ensure that any unpaid debts which remain will then be written off.

In contrast, trust deeds are not really applicable to everyone. Scottish Trust Deeds follow a certain sets of criteria of applicability as explained here. The person with accountability must be in permanent employment and has sufficient disposable income to keep up with the monthly payments to be made. Also, to be qualified to enter into a trust deed, one needs to have at least an outstanding debt owed to two or more separate credit companies. When you meet the criteria, you can make arrangements with an Insolvency Practitioner duly licensed to operate in Scotland. The Trustee will then gather the necessary information regarding the debtor, his income, expenditures and his total debts. The Trustee then drafts a proposal for the creditors based on the data gathered and have them approve the terms. In Scottish law, five weeks is given to the creditors to reject or object unless otherwise the proposal is considered approved. This approved proposal is then called the Protected Trust Deed.

Trust deeds are usually more advantageous than declaring personal bankruptcy. However, if the proposal for your trust deed has been rejected, personal bankruptcy declaration can be the best option.

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