Protected Trust Deeds (PTDs) for the period from 1 April 2024 to 31 March 2025: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002


Information requested

I would like to request the following information regarding Protected Trust Deeds (PTDs) for the period from 1 April 2024 to 31 March 2025:

1. Refusals of Discharge:

  • The number of individuals who were refused discharge from their PTD.
  • A breakdown of these cases by Insolvency Practitioner.

2. Ingathered Funds:

  • The total amount of money ingathered from individuals who failed to be discharged from their PTD.
  • If possible, a breakdown of the ingathered amounts by Insolvency Practitioner.

3. Duration to Failure:

  • The average length of time between a PTD being protected and the point at which it failed, resulting in the individual being refused discharge.

4. Dividends to Creditors:

  • The total amount of ingathered money that was paid out as a dividend to creditors from these failed PTDs.

5. Average Debt Amount:

  • The average amount of debt associated with these failed PTD cases.

6. Subsequent Bankruptcy Applications:

  • The number of individuals from the above group who subsequently self-sequestered through a debtor application.
  • Of these, how many were via the Minimal Asset Process (MAP)?

7. Homeownership in PTDs:

  • The number of current live PTD cases where the individual owns their own home.
  • The total number of live PTD cases.
  • If available, a breakdown of live cases and homeowner status by Insolvency Practitioner.

Response

Please see attached spreadsheet.

The increase in the number of failed Trust Deeds is in part a result of a change in the regulations that came into force around July 2024. Under the old regulations, trustees had to wait until the end of the 48 month payment period before ending the Protected Trust Deed when they wanted to withhold discharge. From July, they could do this before the expiry of the payment period. As a consequence of this change, all cases waiting for the 48 months to elapse, will have been closed.

About FOI

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

FOI 202500464466 - Information Released - Annex

Contact

Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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