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Sequestration

A way of dealing with extreme debts.
The Scottish legal term for Bankruptcy.

Introducing Sequestration

At Trust-Deeds.co.uk we believe that Sequestration (the scottish term for Bankruptcy) should be only be used as a last resort to solving debt problems.

If you cannot pay your credit commitments then Sequestration may well be the correct option for you. Alternatively, other solutions such as a protected trust deed or debt arrangement plan, offer different routes to help pay back your creditors without having to declare Sequestration and will not have the same damaging effect on your credit history.

Sequestration is a form of insolvency that results in a person’s assets being transferred into the control of an appointed Trustee so that they can be used to satisfy creditors to the greatest extent possible. Your estate means all the money that you owe, and any assets that you have. Following your sequestration, the companies and banks that are owed money (your creditors) must deal with your Trustee. They are no longer allowed to pursue you or take action against you in respect of the money owed. Your Trustee’s responsibility is to realise assets and assess if you are able to afford to make a contribution from your income for a period of four years. Your Trustee will divide up the monies ingathered equally amongst your creditors, and they must write off the balance that they do not receive.

There is no legal requirement as part of the sequestration for your creditors to receive any payment. Sometimes they receive nothing. If your estate does not have sufficient funds to enable any payment to be made to your creditors, then they will legally have to write off all of what you owe to them. The legislation that allows this to happen is all contained within the Bankruptcy (Scotland) Act 1985.

It is important to note that your trustee does not have to deal with your rented property, or your home if there is no equity (you owe more on the mortgage than the house is worth). Where there is equity in your property, it is only that equity that the trustee has an interest in. Where there is an asset that the Trustee must deal with, the asset does not necessarily have to be sold (though can be). For example a third party you propose (e.g. a family member, friend, or relative) may “buy out” the Trustee’s interest in the asset, or you may buy this out after your 1 year discharge. A “buy-out” may be by instalments over an agreed repayment period. This is most commonly how any interest in the equity in your home, or your car would be dealt with. Most other assets are generally sold. It is important that you have an understanding of how any assets you have will be dealt with before you commit to entering into a Sequestration. A WB Debtcare advisor can guide you in this regard.

Trusting that you properly co-operate with your Trustee throughout the sequestration agreement, you should be discharged from the arrangement twelve months after you were deemed bankrupt. However, if you do not fulfil the requirements of the Trustee, they have the right to postpone your discharge. The cost of your Sequestration is deducted directly from your estate, and approved by the Accountant in Bankruptcy. You will not get a separate bill. Your initial consultation with us before committing is free of charge.

Do you qualify for Sequestration?


See if you Qualify

Advantages

Here are some of the key advantages to declaring Sequestration.
Don't forget to check the Debtor’s Guide for further information

Less hassle

Advantage

Rather than deal with aggressive phone calls and letters yourself, let Trust-Deeds.co.uk take the strain and deal with them for you. A creditor must not approach you for money once sequestration is in place.

Pay only your Trustee

Advantage

No more further payments to your creditors but you may have to pay any disposable income to your Trustee.

Just 12 months

Advantage

You will normally be discharged from your sequestration 12 months after the date it was awarded.

Fresh start

Advantage

Know exactly when you can make a fresh start, free from debt


Disadvantages

Don't forget to check the Debtor’s Guide for further information

Valuables

Disadvantage

Any valuable assets, including endowment policies and your home may have to be released for the purpose of your creditors.

Obtaining credit

Disadvantage

Until you have been discharged from sequestration, you will struggle to obtain any credit over £250

Your Job

Disadvantage

You may not be able to act as a company director after sequestration

After Sequestration

Disadvantage

You will find difficulties in obtaining credit after being discharged from your sequestration and it can affect your credit rating for 6 years.


Essential Reading

AIB Debt Advice & Information PackageAIB Trust Deed Guide Debtor's Guide