Scottish Debt Solution: Debt Arrangement Scheme
(DAS)
The Debt Arrangement Scheme (DAS) is a debt management tool
introduced by the Scottish Government (then the Scottish
Executive). This service is often free, however there are some
money advisors who will charge for this.
A Debt Arrangement Scheme will allow you to pay your debts in a
managed way, without the worry of your creditors pressurising you.
A Debt Arrangement Scheme is available across Scotland. We've
helped people with a DAS from Inverness to the Scottish borders.
The most popular locations for a DAS are in Glasgow, Edinburgh,
Aberdeen, Falkirk and Stirling.
What is DAS?
The Debt Arrangement Scheme is a relatively new solution to debt
for people living in Scotland. Many people find themselves in a
situation of having debt and struggle to pay it back. The sooner
somebody takes advice the better.
The Debt Arrangement Scheme (DAS) gives you both help and the
time to pay your debts.
DAS offers you:
- Help and advice on managing debts
- To freeze interest, fees and charges on your debt, this will
come into force from the date your DAS debt payment plan is
accepted, as long as the DPP is adhered to.
- Protection from enforcement, bankruptcy and loss of your home
(providing you pay your mortgage/rent)
- Should your circumstances change an aftercare service is
provided
- With breathing space and have more time to pay back your
debt
The scheme is often free for people paying debts under an
approved debt payment programme. However, you really need to check
this with your chosen money adviser as they may charge you for
their service, prior to entering into any agreement. If DAS is a
suitable solution for you we would give you all the options so you
could make an informed choice.
Under DAS, a single regular payment is made to an approved
payments distributor. If you keep to the agreed payments, legally
your creditors cannot carry out enforcement action against you.
Likewise, creditors are unable to take enforcement action
against somebody who has noted their intention to apply for a debt
payment programme or has an application awaiting approval for more
information.
One of the benefits of the Debt Arrangement Scheme is it freezes
interest, fees and charges on your debt from the date your DAS debt
payment plan is accepted.
You would not be able to enter a DAS if you are any of the
following:
- Bankrupt
- Entered into a Protected Trust Deed
- If you are subject to a bankruptcy restrictions order or
undertaking
- Paying debts under a conjoined arrestment order*
*However there is an exception to the rule. If you have a
conjoined arrestment order and if a creditor (even if the creditor
is involved or not in the conjoined arrestment order) has tried
lawfully to enforce another debt when due, then you may be eligible
for a DPP under a DAS
Five parties involved in DAS
Once you are on DAS, there are five parties involved:
- The debtor: Person or persons with personal debts and has
agreed to a debt payment programme (DPP) with a DAS approved money
adviser.
- The DAS approved money adviser: Person who
provides debt management advice to the debtor.
- The creditor: Companies who is owed money and
has agreed to or is obliged to accept payments under a debt payment
programme (DPP).
- The DAS administrator: Person who is
responsible for maintaining the DAS register which contains details
of debt payment programmes, the approval of money advisers and
payments distributors, and the approval of a debt payment
programme.
The Accountant In Bankruptcy is the DAS administrator. DAS is NOT
a form of Bankruptcy.
- The payments distributor: Person who will
distribute the sums of money received to creditors in accordance
with the debt payment programme.
What is a debt payment programme
(DPP)?
If you agree that a debt payment programme under DAS is the
solution for you, your DAS approved money advisor will ask for the
creditors to agree to a DPP.
This agreement allows you to pay your debts over a longer period
of time. The programme will be for any amount of money or for a
reasonable length of time.
If all creditors agree or deemed to have agreed (as they have
not responded) then the DPP under DAS is automatically
accepted.
If the creditors object then the DAS administrator can still
approve the DPP if it is fair and reasonable to do so.
If there is a change in circumstance the programme can be
altered to take account of this.
Advantages of DAS
- DAS is often free for people paying debts under an approved
debt payment programme (DPP)
. However, not all are free and some money advisers will
charge for this.
- DAS also protects you from execution of action that
can be taken by your creditors and it will freeze interest, fees
and charges on your debt, from the date of acceptance of a debt
payment programme.
- Using DAS successfully will show that you've learned valuable
money management skills. You will be able to start afresh and make
your financial future easier for you to manage.
DAS prevents court enforcement
Every day we rely on people keeping their promises to pay for
goods and services. But sometimes, people break their promises to
pay for the goods and services. If that happens, the courts may
step in and, for example, order someone to pay for the goods they
bought on credit.
However inclusion in DAS can prevent enforcement of debt by the
courts. So if you keep to the agreed costs under the DAS, your
creditors cannot carry out enforcement action against you or make
you bankrupt.
Likewise, creditors are not allowed to take enforcement action
against you if you have noted an intention to apply for a debt
payment programme or have an application awaiting for approval.
In Scotland, there are a number of ways that people can be made
to pay by the courts. The most common forms of enforcement (known
as diligence) are: arrestment, earnings arrestment and
attachment.
What is the criteria for DAS?
DAS is only available for people living in Scotland. A debt
advisor will be able to tell you if DAS is suitable for your
specific situation.