Posted on June 21, 2010.
indentures and their meaning "Acts of Trust"? Scottish version of an IVA? explain that why would anyone want one.
Trust deeds
The trust deeds are the Scottish equivalent of the IVA. There are a number of significant differences between these two methods of solution of the debt.
What is a deed of trust?
A deed of trust works similar to an IVA in what you have to make a formal request from creditors by an insolvency practitioner, who can then vote to accept or reject it.
The trust proposal to your creditors will be affordable for a monthly amount to be paid over three years instead of five years in an IVA. If you maintain your agreed payments for these three years, then any remaining debt you have will be written off by your creditors.
The payments you make will be collected by your insolvency practitioner and distributed amongst your creditors. They make their own fees for the administration of the trust money that you pay.
Upon the request of your trust deed was accepted by the majority of your creditors, or over two-thirds of its value, it becomes protected and is legally binding on you and your creditors.
Am I entitled to a deed of trust?
Many of the basic criteria to qualify for a trust deed in Scotland are the same as those of an individual voluntary arrangement;
Your unsecured debts should total at least £ 15,000, you owe money to at least 3 different creditors, if a steady source of income is needed to make your agreed monthly repayment, income and expenditure is calculated will be conducted to verify that you have at least 200 pounds of spare after paying the secured claims and reasonable living expenses
You will also need to be resident in Scotland to qualify.
What types of people have protected trust deeds?
People often ask for trust deeds in Scotland for most of the same reasons that people in other parts of the country to implement VAT;
To avoid the stigma and consequences of bankruptcy (the name of sequestration in Scotland), to find a lasting solution to unmanageable debt problems, want to maintain control over what happens to their home and work, are prepared to personal sacrifices to become debt free.
Living with a protected trust deed is not easy, your monthly disposable income will be used for the benefit of creditors, so you'll need to be prepared to accept changes to the way you live.
5. differences between an IVA and trust deed
A protected trust deed typically takes three years instead of five with an IVA if you fail to make your repayments you will face sequestration, the Scottish equivalent of bankruptcy, you will need the approval of two thirds of your creditors by value for your trust deed to proceed with a VAT is 75%, your credit rating will normally serve for four years with a trust deed rather than 6 years with TVA, a protected trust deed is the jurisdiction of Scots law