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Home / Scottish Trust Deed / What debts can be included in a Trust Deed?
SCOTTISH TRUST DEED

What debts can be included in a Trust Deed?

Most unsecured debts — credit cards, loans, overdrafts, catalogues, council tax arrears, HMRC debts and utility arrears. Secured debts (mortgage, secured loans), court fines, student loans and child maintenance usually cannot be included.

Unsecured debts that can be included

Consumer credit debts across the board: credit cards, store cards, personal loans, payday loans, overdrafts, catalogue debts, and buy-now-pay-later balances at collections stage.

Utility arrears (gas, electricity, water) and old mobile phone debts.

Council tax arrears from previous years (current-year council tax must continue to be paid separately).

HMRC debts — Self Assessment tax, VAT, PAYE, tax credit overpayments.

Rent arrears from previous properties.

Debts that cannot be included

Court fines (criminal fines, road traffic offences).

Student loans (Scottish, English/Welsh and Northern Irish types all continue on their own terms).

Child maintenance arrears (Child Maintenance Service or court order).

Debts arising from fraud or dishonesty.

Secured debts

Mortgages, secured loans (second charges), car finance (hire purchase or PCP), and logbook loans cannot be included in a Trust Deed. The lender retains its security.

If a secured debt has an unsecured shortfall after asset realisation, the shortfall becomes an unsecured claim and can then be included.

Key takeaways

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