Debt Arrangement Scheme
Debt Arrangement Scheme
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Table of Contents
What Is A Debt Arrangement Scheme?
First introduced in Scotland in 2004, a DAS is a legally binding debt solution available to residents of Scotland. It is an alternative to a Trust Deed or Sequestration.
A DAS allows you to freeze the interest and any charges on your debt and repay it over an extended period of time. It is controlled by a DAS administrator who will decide the duration of the arrangement. This will be based on factors like, how much you owe and how much you can afford to pay back each month.
How Does a Debt Arrangement Scheme Work?
Entering into a DAS binds you to an agreement where you will make one monthly payment that will be divided between your creditors. This allows your creditors to receive a regular payment towards your arrears.
The DAS should be administered by an approved money advisor, who will represent you when dealing with your lenders. This means you will no longer have to deal with them yourself.
You can employ an advisor through The Citizens Advice Bureau or your local authority. You can also use an Insolvency Practitioner to act as your money advisor.
There are no fees required to set up a DAS and there is no fixed length for the agreement. However the average length of time that a DAS usually takes to complete is approximately six and a half years.
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Do I Qualify for a Debt Arrangement Scheme?
In order to qualify for a Debt Arrangement Scheme, you must meet the following conditions:
Be a resident of Scotland
Have one or more debts
You must be able to afford to make reasonable monthly payments
Must not be subject to a Trust Deed or Sequestration.
What Process Will I Need to Follow for a Debt Arrangement Scheme?
A DAS should take around 6-8 weeks to complete depending on how quickly you respond to any queries you may have. Once you have appointed a money advisor the following steps will be taken:
A proposal is sent to each of your creditors, giving them 21 days to object
The Debt Payment Programme will be automatically approved if there are no objections
If there are any objections made by the creditors, then the advisor will decide if they are fair or whether the objection can be overruled.
If the advisor decides that any of the objections are valid, then you may be requested to create a new Debt Payment Programme that addresses their concerns.
Once the advisor is happy that the proposal is fair, it will be approved. At this point there is nothing the creditors can do to stop the approval.
If the revised proposal is rejected and no agreement can be found, then there is an appeals process that you can use. If this fails, then you may be left with only a Trust Deed or Bankruptcy to fall back on.
If your financial situation changes while you are paying you DAS, you can have the terms of the agreement changed without charge. This can be to both increase or decrease your payments, depending on your circumstances.
Which Creditors Can Be Included in a Debt Arrangement Scheme?
A Debt Arrangement Scheme can include any unsecured debt, including the following:
Debt secured against your assets cannot be included in your DAS, for example:
What Are the Advantages of a Debt Arrangement Scheme?
You will only make one single payment per month towards your debt
An advisor will be able to help you with the process and they will arrange all the payments to your creditors
Once the DAS has begun, your creditors will no longer be able to pursue your debt or take legal action against you
All charges and interest will be frozen on your debt once the DAS has been approved
The DAS is adaptable, so it can be changed to match your circumstances
Any wage arrestments that are in place will be stopped
None of your possessions or assets can be seized, including your home
Any creditors who reject the proposal will have to comply with the agreement in it is consider ‘fair’ by the administrator
What Are the Disadvantages of a Debt Arrangement Scheme?
- Your credit rating will be negatively affected
If you miss payments or fail to comply with the DAS then it can be revoked. This will enable your creditors to resume action against you.
A DAS doesn’t write off any of your debt
A DAS can take longer than other debt solutions
Who Can Help Me If I'm Struggling With My Debt Repayments?
If you are struggling with your debt and would like to find out the best solution to fit your needs, then contact IVA4Me.