The laws regarding debt for residents in Scotland are different than those for people living in England, Wales and Northern Ireland, and as such the Scottish government has created several of their own debt solutions specifically for those people currently living in Scotland.
Please note: For these purposes, a resident of Scotland is generally considered someone who has legally lived in Scotland for six months.
A protected trust deed is a solution between you and your creditors whereby you come to a formal arrangement to repay your debts over a set period of time in affordable, monthly installments. Usually lasting four years, any outstanding debt after this period is agreed to be written off by your creditors. During the period of your trust deed creditors must legally agree to stop charging you interest and charges, and also they must stop chasing you for payment.
A debt arrangement scheme is designed to give you the breathing space sometimes required when dealing with debt. Although you don’t get anything written off, if approved for a debt arrangement scheme your creditors have to freeze all interest and charges as you repay your debts in full, but over a longer period of time than originally agreed. Debt arrangement schemes also protect you from any legal action that your creditors may try to take over your debts.
Sequestration is simply the term sometimes used in Scottish law for bankruptcy, and probably the most well known form of debt solution. It is a solution used when other options have either failed or they are considered inappropriate. As you are no doubt well aware, the consequences of sequestration are harsh and shouldn’t be considered until you have fully investigated your other options. Under sequestration all of your assets, including property, will be investigated and sold where necessary.
Members of the Debt Assist UK team are trained in the details of Scottish debt solutions and can provide help and advice for residents of Scotland.