Protected Trust Deeds

 

About the Inquiry

Background

The Committee carried out a short inquiry on Protected Trust Deeds (a bankruptcy-related statutory debt solution) in early 2020. 

This followed on from concerns raised during the Committee's scrutiny of the Debt Arrangement Scheme (Scotland) Regulations 2019 (DAS).

Witnesses were concerned that PTDs were being heavily marketed and recommended to people in situations when they were not the best debt solution. One debt adviser said: “We see them being mis-sold time and time again” and the Association of British Credit Unions described them as “one of the biggest issues facing our sector over the past few years”. 

The Committee’s view on DAS was that debt services should be offered on the basis of an informed understanding of the client’s financial circumstances and best interests.  

The remit of the inquiry was:

To ascertain the benefits and disbenefits of protected trust deeds as a viable debt solution in the interests of people in debt and their creditors and recommend if and how the Scottish Government and Accountant in Bankruptcy should proceed in any reform of the scheme. 


Evidence

The Committee launched a call for views on 22 November 2019. The deadline for responses was Monday 6 January 2020.

Read the call for written views 

Read the written submissions

Visits and Events

On 21 January, the Committee held a focus group in  Inverclyde Community Hub, Greenock.

Report

The Committee published its report on 21 May 2020.

Before responding to the Committee's inquiry, the Minister for Business, Fair Work and Skills provided further information on the Scottish Government's general review of debt solutions.

The Scottish Government responded to the Committee's Protected Trust Deeds report on 15 October 2020.

On 26 November the Minister for Business, Fair Work and Skills wrote to the Committee, following up on his response on 15 October 2020.

On 28 January 2021 the Minister wrote to the Committee to provide an update on the Scottish Government's general review of statutory debt solutions in Scotland.  On 5 February 2021 the Committee wrote to the Minister and the Minister replied on 11 March 2021.

 
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