The truth about bankruptcy
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The Register of Insolvencies provides information about people in Scotland who've entered a Trust Deed or bankruptcy. What does it involve?
If you’re declared insolvent, and you live in Scotland, the answer is yes – your name will appear on a public register, called the Register of Insolvencies (ROI).
Being 'declared insolvent' means you've entered a Protected Trust Deed or bankruptcy known as Sequestration in Scotland.
However, it’s worth bearing in mind that this register, although public, is not something that you’d come across by accident, you’d really have to be searching for it. So, the likelihood of someone seeing your name on the register is possible, but still minimal. We understand that you may not like the idea of your details being made public, but it’d be a shame to miss out on the right debt solution for this reason. If you’re in any doubt, speak to a debt expert.
If you’re in a Debt Arrangement Scheme (DAS), this is not a form of insolvency – so your name will not appear in the Register of Insolvencies. However, it will appear in the DAS Register instead.
How long would my name stay in the Register?
If someone were to search the ROI, they’d be able to find details of all 'live' Trust Deeds & Sequestrations– as well as those where the trustee has been discharged within the last five years. The date the trustee is discharged can be different to the date you will be discharged so the five years only begins from when the trustee is discharged.
As you’d expect, all debt solutions come with advantages and disadvantages. One of the main advantages is that you won’t have to deal with your lenders anymore. Usually, when you enter a debt solution your lenders agree to stop contacting you directly, dealing only with your debt advisor instead. So, once you’ve entered into a debt solution, any correspondence you do receive can simply be forwarded on to your debt advisor to deal with. This leaves you free to enjoy your life more, without the worry of having to speak to your lenders.
Of course, as well as advantages, there are also some disadvantages to entering into a debt solution. One of these is that your credit history is going to be affected. How long it’ll be affected will depend on what kind of debt solution was the most suitable for you, and whether you adhered to the terms of it or not. In most cases, the shortest amount of time a debt solution remains on your credit history is 6 years. In some circumstances it may be much more than that.
These are only two of the things you might want to consider before deciding if a debt solutions is the best way forward for you. So, if you're thinking about entering a Trust Deed, or sequestartion, or DAS click on one of these links for more about the pros and cons of these solutions, as well as a detailed explanation of each.
What details does the ROI provide?
The register of insolvencies will detail your personal information, such as:
• your name and address
• who your trustee is
• the date when your Trust Deed/bankruptcy began
• if it’s already ended, the date that occurred
What if I have to keep my money worries private?
There are a number of ways you can deal with problem debt, some require your details to be entered onto the ROI, while others don’t. However, which solution is suitable for you will depend on your circumstances - not every solution will be right for you.
Our debt advisors will take the time to understand you and your circumstances and will recommend the solutions that would be the best for you. If, after looking at your circumstances, the advice is to enter into a debt solution that requires your details to be entered onto the ROI, you should not discount it simply for this reason.
The ROI is mainly used by lenders, credit reference agencies and other professionals who need it to do their work. They’ll be checking to make sure that the information you give about your bankruptcy status is correct.
So, if you're in the kind of situation which means you really have to enter insolvency – this would most likely happen if you just can't afford to repay the money you owe – then you'll have to accept that your name will appear in the Register.
We know that the idea of 'publicity' might not be pleasant, but it's unlikely to be the most important issue you're dealing with, if you're facing serious debt problems. Falling behind on your debt payments could mean your lenders take you to court. It could mean you're hit with charges that seriously increase your debt. It could even cost you your house.
In general, the sooner you do something about your debts, the more likely you are to avoid serious problems. Our experts are here to help you do that: just contact us using one of the buttons on the left-hand side of this page and we’ll do all we can to help
by Shelley BowersBack to blog home