Sharon McDougall - Updated - 30th April 2024 - 2 minutes to read
The Register of Insolvencies is a public register that documents Trust Deeds and sequestration ‐ two official debt solutions that are entered into in Scotland. A further register also exists, but this is for a different debt remedy called the Debt Arrangement Scheme, or DAS.
The Accountant in Bankruptcy (AiB) oversees the Register of Insolvencies, ensures that it is up‐to‐date, and that entries are accurate. So if you're considering a Trust Deed to escape serious debt, what do you need to know about the Register?
Your Trust Deed will appear in the Register of Insolvencies until five years after your discharge date. The details recorded include:
This level of detailed information minimises the chances of search results being misinterpreted ‐ if you have a commonly seen surname, for example. The typical length of a Trust Deed is 48 months, but they can last for 60 months depending on the circumstances, so your Trust Deed could be viewable on the Register for 9‐10 years.
Get a rough indication of what your repayments might be under each of our different debt solutions.
Should you be concerned that your Trust Deed is on the Register of Insolvencies?
You may be worried that your Trust Deed will be included in the Register, but it's important to know that the Insolvencies Register doesn’t appear in general search results for your specific name.
Furthermore, anyone searching the register would need to know the precise details of your Trust Deed to find any results. Some people worry that their employers, family, or friends might find out about their debt problems, but this is unlikely if they aren't already aware that you're experiencing financial problems.
It’s true to say that some employers might check to see if their employees, or potential employees, are included on the Register, but this is typically due to the nature of the job or profession – the police force and prison service are known to do so, for example.
If you rent your home or are about to enter into a tenancy agreement, the landlord could also search the Register as part of their legitimate due diligence. Finally, lenders search as a matter of course, and credit reference agencies may also carry out searches to ensure consumer credit ratings are accurate.
So what can you do to minimise the effect of your Trust Deed being on a public register after you've been discharged?
These are just two ways in which you can positively affect your credit rating in these circumstances:
Scotland Debt Solutions can provide more guidance on Trust Deeds and the Register of Insolvencies. For more information and to arrange a free, same‐day meeting, please contact our expert team. We operate offices around Scotland, and can quickly provide the independent advice you need.
Sharon McDougall
Manager
We all want to save on our household bills and have more money in our pocket for the fun things in life. While bills are an unavoidable fact of life, here are some ways you can help to reduce them:
If you’re trying to deal with overwhelming amounts of debt, you may be eligible for the Debt Arrangement Scheme in Scotland.
If you are currently working on reducing the amount of debt you have, improving your credit score may not be at the top of your agenda.
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Sequestration is the Scottish version of bankruptcy and may be suitable for you if you do not have the money to pay back your debts
Find out MoreA Trust Deed involves making a monthly contribution to your debts for up to four years. After this time any remaining debt included in the Trust Deed will not need to be paid.
Find out MoreA Debt Arrangement Scheme (DAS) lets you pay off your debt through a series of manageable instalments over a reasonable length of time.
Find out MoreWhether you are a sole trader or a limited company director, we can help you work through your current financial problems including money owed to HMRC
Business DebtsOur Insolvency Practitioners are regulated by ICAS or the IPA and our firm is authorised and regulated by the Financial Conduct Authority
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