What is a Debt Arrangement Scheme (DAS)?
In November 2004 the Scottish Government introduced new legislation aimed at dealing with unmanageable debt with its Debt Arrangement Scheme (DAS).
The scheme provides for a flexible Debt Payment Program (DPP), which can be for any amount of money or for any reasonable period of time, enabling those consumers with debt issues to repay their debts in full, over a longer period of time without fear of legal action against them.
Who can qualify for a Debt Payment Program?
You can only apply if you live in Scotland and you have two or more creditors / lenders and be experiencing difficulty keeping up the contractual payments, i.e. the payments agreed at the time the loans/credit were taken out.
Who cannot apply for a Debt Payment Program?
You cannot apply if you are currently bankrupt, subject to a bankruptcy restriction order or paying debts under a conjoined arrestment order or if you have signed a Trust Deed.
Can creditors refuse the Debt Payment Program?
If all the creditors fail to accept or failed to respond to the DPP then the administrator can overrule and approve the program if they feel the proposal to be fair and reasonable. The only way the arrangement can be broken is if the debtor / borrower fails to make the agreed payments into the plan.
What if circumstances change whilst in a Debt Payment Program?
If your circumstances change, for example you get a new job and less income, then providing they feel any changes to be fair and reasonable the administrator can vary the programme without the creditors having to agree.
Once the debt payment programme has been accepted and the agreed payments are being made into the plan then creditors will not be allowed to take further legal action (such as wage arrestment) to enforce the debt. All interest, charges and fees on existing debts will be frozen from the date the programme is approved.
Under the DPP the individual will make one single monthly payment to the administrator who will in turn make payments to those lenders that feature in the plan.
What are the advantages of a Debt Payment Program?
- One monthly payment based upon what you can reasonably afford
- Once the DPP has been approved then those lenders that feature in it cannot take legal action against you to enforce payment
- The DPP also prevents lenders from adding interest and charges to your existing debts
- The appointed Money Adviser will be your representative and deal with your lenders
- You home, if owned, is protected provided you adhere to the DPP
- You can include business debts in the plan if you are a sole trader
What are the disadvantages of a Debt Payment Program?
- The DPP will last until all the debts are paid, there is no debt relief
- The DAS scheme incorporating the DPP is only available in Scotland
- By entering into the DAS scheme your credit rating will be affected
- You can only make one application to the DAS within any 12 month period
- The DAS can only be set up through an Approved Money Adviser, although this is soon to change. This means it can take longer to get the DPP approved.
The DAS is also to be extended beyond Money Advisers to individual Insolvency Practitioners (IPs) and those with accreditation.
How do I apply for a Debt Payment Program?
This has to done through an Approved Money Adviser who will complete a budget form covering the proposer’s income and reasonable expenditure to determine how much they could afford to pay into the plan. The Money Adviser then makes an application to place the individual on to the scheme. The application will then be considers by a DAS administrator.
How do I find a DAS Approved Money Adviser?
All DAS Approved Money Advisers in Scotland can be found on the Register of DAS Approved Money Advisers.
If there are no DAS approved Money Advisers in your area, find your nearest Money Advice Agency by selecting your local authority from the map or dropdown menu.
Remember, many DAS Approved Money Advisers offer their services free of charge. However, you should check this out with your chosen Money Adviser before entering into any agreement.
More on DAS here at www.moneyscotland.gov.uk
