Frequently Asked Questions

As per Section 168 of the Bankruptcy (Scotland) Act 2016 you are required to pay your agreed contribution.

• If, for whatever reason, you are unable to do so, you must contact our Payments Team to discuss your circumstances at that time.
• Failure to maintain your payment, when it is affordable to do so, may lead to one of the following:
• As per Section 174 of the Bankruptcy (Scotland) Act 2016 your Trustee will instruct your employer to deduct your payment directly from your earnings
• As per Section 2 of the Bankruptcy (Scotland) Act 2016 your Trustee could petition for your bankruptcy.

By obtaining protected status, this means that none of your creditors can take any further action against you for the recovery of their debts. Upon protection, your creditors are legally bound by the terms of the Trust Deed.

When you have fulfilled all obligations in terms of your Trust Deed i.e. paid all contributions/complied with your Trustee, then you will be discharged from any debt incurred prior to signing the Trust Deed. Any remaining unsecured debt (other than those excluded) in your Trust Deed will be written off.

We will carry out the required statutory procedures to conclude your Trust Deed and you will then be formally discharged from your Trust Deed. A statutory form confirming your discharge will be sent to you.

Whilst there is no legislation to restrict you from using credit, there will be no allowance given in your income and expenditure for any repayments, therefore, it is deemed inappropriate to incur further debt whilst in a Trust Deed.