Hi Butterfly77 and welcome to the forum.

Under the Protected Trust Deed Regulations 2013, section 4 The Debtor, it confirms the following:

ÔÇ£The debtor must not be:

(a) A debtor whose estate has been sequestrated and the Trustee in the sequestration has not been discharged under section 57 or 58A(2) of the Act.

Has your Trustee been discharged in your Sequestration? If so then you can sign a Trust Deed.

I assume your new debts were incurred after the date of your Sequestration?

How far along are you in terms of exploring all of your options? When it comes to looking at your options you want to ensure that an advisor looks at all of your options, they work through a very thorough income and expenditure with you to see what you can reasonably afford to pay per month. You also want to ensure that if you have any assets you know exactly how these may be affected.

Also, you want to check that the company who are giving you advice will actually be the one handing your case and it won't be passed to someone in England to deal with. We always suggest using a company that is based in Scotland and there is no harm in speaking with a couple of organisations for advice as this can vary from firm to firm.

The most important thing is that if you proceed with a Trust Deed you receive absolutely everything in writing.

You should check the Register of Insolvencies to find out if your trustee has been discharged from the sequestration yet, Butterfly77. This is accessible for free via the Accountant in Bankruptcy's website.

Thank you both for the advice it is much appreciated. I was sequestrated in 2013, discharged in 2014. At the time of sequestration I had no assets. I was not working during the sequestration. Yes, debts were incurred after sequestration. I now work part time on a low income, plus working and child tax credits. I have used a company in Scotland and I was assessed over the telephone regards most suitable way forward to deal with my debts. I did contact two companies and both advised a trust deed. I currently have no assets and my debts are £13,000. The repayment of trust deed is £125 per month over 48 months.

I assume from both responses that having been discharged from sequestration you are confirmng that I am eligible to proceed to sign the trust deed?

Hi butterfly77.

The advice is to check whether your trustee has also been discharged.

The online Register of Insolvencies is your information source here.

Thanks. I have checked the register, and yes my trustee has also been discharged. Therefore, I understand that this means I can proceed with signing the trust deed.

Hi butterfly77,

Yes if your Trustee has been discharged then you can proceed with a Trust Deed.

Did the company you are seeking advice from confirm this and quote you the legislation to reassure you about things?

Dear David

Yes, I do feel thay everything has been explained to me properly. I am using creditfix in Glasgow. I have received all associated paperwork. I haven't signed the trust deed yet. However, one thing concerning me, the paperwork includes "Employees Payment Instruction to Employer", it was never explained to me that my monthly payment comes directly from my earrnings? Is this normal practice with a trust deed? Is this an attachment of earnings?

I imagined that I would be setting up a direct debit or standing order from my bank account to pay my trust deed.

I have read the trust deed proposal thoroughly and I have no others concerns, apart from the above.

My level of debt is just under £14k. I work part time, live in private rented accommodation and have no assets. i am a single parent a. As I have been previously sequestrated(discharged 2014). I feel that given my circumstances, a trust deed is my only option.

I know that I am in a situation with debts that I cannot pay backm it has affected my health, I worry constantly and I have finally realised that I need help with my debts.

Looking back, I do feel when I went through the sequestration perhaps I wasn't best advised as my debts were just over 7k. I have made mistakes with money again and I really want to put things right once and for qlp, especially for my 2 children and I.

Hi butterfly77.

I'm not sure what that employer payment instruction form is, but it's certainly not standard industry practice to provide such a form as far as I'm aware.

Might be wrong - so hopefully Kevin or David can jump in.

Normal practice is a standing order or direct debit. An employer would usually only be involved if things went very wrong.

Unless someone specifically asked to pay directly from their wages then we would always just get a direct debit set up.

Maybe this form is optional - does it give you any indication in the information you received?