My wife and I have both been in protected trust deeds for a year now, a friend of ours has advised that we are paying too much and would be better off filing for bankruptcy. Can we do that and what are the pros & cons.
You have to pay whatever you can afford whether in a trust deed or in a sequestration - there is no difference. You cannot apply for bankruptcy anyway when in a protected trust deed, but even if you could you may just end up paying the same but for another 3 years.
Are you struggling to pay your trust deed contributions aaronsdad1? Have your circumstances changed since you signed up?
I guess the obvious question that Kevin might be too civil to ask is what experience does your friend have to offer such advice?
Hi aaronsdad welcome to trusstdeed.co.uk
Depending on your situation you may want to speak to someone face to face in regards to this as there is a lot of factors involved. It's not straight forward to apply for sequestration and then stop paying.
As it has been said you can not go the route of sequestration whilst in a protected trust deed. You would have to seek your trust deed company to discharge you from your trust deed before this could be sought and depending on your circumstance there is no guarantees they will be willing to discharge you.
You income would also be looked at when it comes to sequestration and there is a possibilty depending on your circumstances that you may still have to pay into the bankruptcy as kevin has stated. They will ask you to include all debts this will mean basic bills as well if you owe money to say gas or electricity companies or phone companys and this can affect accounts with them. They will also look at if you have any property or a car of a certain value i believe its 3000 and over.
There is links here on the site you can read.