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Scottish Trust Deed
from: Mortgage & Debt FactsA Scottish trust deed is a legal binding agreement that's available to Scottish citizens, which allows a trustee to deal with an individual's financial affairs. This is often used as an attempt by Scottish citizens to help get them out of debt.
It's used by individuals that have been struggling with a lot of debt. Although many confuse a Scottish trust deed with a Debt Management Plan, they are quite different. A Scottish trust deed allows you to make a formal proposal of your debts to a creditor in an attempt to clear them up and is usually done through a trustee.
When a Scottish trust deed is set up, all of your debts are consolidated into one monthly payment that is spread out over 36 months. This is paid to the creditors on a pro-rata basis.
The creditor is not the one that sets the payment amount. Several things are taken into consideration before the monthly amount is set. All of your assets and liabilities (what you own and what you owe others) is the first thing they look at when determining the terms of the Scottish trust deed.
The next thing determined is the normal and reasonable cost of living expenses without the debts. Then they determine what kind of monthly payments the debtor can make after the cost of living expenses are deducted. All of these factors are taken into consideration because they want the agreement to work for all parties involved. They also want the debtor to have a payment amount that they can reasonable make each month without falling behind on the payments.
One of the requirements that must be met for a Scottish trust deed is that it must be set up by a trustee. The trustee is an honest broker that acts in the role of an impartial middle man. Their purpose is to make sure the proposal is fair and realistic to all parties. After the final proposal is drafted, a copy is sent to all parties for final approval. If there are no objections, the Scottish trust deed is signed by all parties and becomes legal.
Once the Scottish trust deed is signed, it is considered "protected". By protected, it means the debtor is protected from the creditor harassing or contacting them. The creditor also cannot charge any more interest on the outstanding debts. The dollar amount that is determined on the trust deed is the dollar amount the debtor must pay.
If the creditor has any problems or concerns during the 36 month period, they must contact the trustee and not the debtor.
After the 36 months are up, if there are any outstanding balances, they are written off and the debtor has a clean slate financially.
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