Statistics on Trust Deeds and Debt Arrangement Scheme by organisation: FOI release

Information requested

1. The number of Trust Deed Form 1s registered with the Accountant in Bankruptcy from 1 January 2022 – 31 December 2022, and which company (IP/Practice) registered the forms;

2. The number of Trust Deeds registered with the Accountant in Bankruptcy as protected from 1 January 2022 – 31 December 2022, and which company (IP/Practice) was responsible for registering same;

3. The average debtor contributions payment per month, in a Trust Deed and in a Debt Arrangement Scheme case from 1 January 2022 to 31 December 2022;

4. The average debt level in a Trust Deed and in a DAS case from 1 January 2022 – 31 December 2022;

5. The number of DPPs under DAS approved from 1 January 2022 – 31 December 2022, and which company (DMA/Public Sector Advisor) is acting;

6. The number of DPPs under DAS revoked from 1 January 2022 – 31 December 2022 per each of the top 10 DAS providers;

7. The average fee taken per Form 7 submission – ideally per each top 10 provider but if this is deemed commercially sensitive then just an overall average would be sufficient;

8. The average timescales between loading a draft case on to eDen until approval of DPP broken down per the top 10 providers.

Response

I attach a copy of some of the information you requested.

Most of the information you have requested (points 1 to 5 inclusive) is available from the associated Excel tables that form part of the Scottish Statutory Debt Solutions quarterly statistics, which can be found here: Scottish Statutory Debt Solution Statistics - 2022-23 Q3 - tables | Accountant in Bankruptcy (aib.gov.uk). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

6. The number of DPPs under DAS revoked from 1 January 2022 – 31 December 2022 per each of the top 10 DAS providers

Information has been provided in the attached Excel spreadsheet under Table_1.

7. The average fee taken per Form 7 submission – ideally per each top 10 provider but if this is deemed commercially sensitive then just an overall average would be sufficient

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of individual trustee organisations. Disclosing this information would be likely to give their competitors an advantage, which would substantially prejudice their ability to be competitive in the market and so could significantly harm their commercial business.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open and transparent government, however, there is a greater public interest in protecting the commercial interests of these companies which are involved in the administration of Trust Deeds in Scotland, to ensure that those involved in these services are always able to obtain the best value.

However, we are able to provide will the overall average Form 7 fee. In 2022, the average (mean) trustee fee taken per Form 7 submission was £3,462.

8. The average timescales between loading a draft case on to eDEN until approval of DPP broken down per the top 10 providers

Information has been provided in the attached Excel spreadsheet under Table_2.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202300339771 - Information released

File type

Excel document

File size

20.7 kB