Notes for Guidance - Creditors - Debt Arrangement Scheme
- First published
- 6 August 2024
- Last updated
- 6 August 2024 - see all updates
- Topic
- Debt Arrangement Scheme
This guidance is aimed at creditors and describes their involvement and processes associated with the Debt Arrangement Scheme
Review and appeal
If you disagree with a decision by the DAS Administrator the client, or you on behalf of the client, can ask for a review to:
- reject an application for a debt payment programme
- approve or refuse a variation or payment break
- attach a discretionary condition
- correct an accidental error and restore a debt payment programme
- revoke a debt payment programme
- refuse to revoke a debt payment programme when the DAS Administrator has not considered a missed payment that has been approved by a money adviser
The request must be made within 14 days of the date of the decision.
Letters from the DAS Administrator will provide the reasons for their decision. Make sure you understand the reasons before you ask for a review which will help you explain why you disagree.
How to ask for a review
Requests must be made online through eDEN or in writing to the DAS Administrator.
By post
Review Team
DAS Administrator
1 Pennyburn Road
Kilwinning Ayrshire
KA13 6SA
By email
The review template included with the decision letter can be used and submitted.
What to include
Information to be provided:
- the client’s reference number, full name and address
- an explanation of what part of the decision you feel is wrong and why
- evidence to support your reasons
What happens next
What happens next
A reviewing officer, who was not involved in the original decision will review the request.
A copy will be sent to:
- the client
- you
- all creditors
The parties have 28 days to provide any relevant information to the reviewing officer. At the end of this period they will issue a letter telling you whether they changed the decision and why.
Appeal
You can appeal to the Sheriff Court if you think the review decision is wrong. You need to appeal within two weeks of the date of your review decision.
You can only appeal on a point of law. This means that you think the Reviewing Officer did not apply the law properly when they made the decision.
The court procedure is called Summary Application. More information can be found on the Scottish Courts and Tribunals website. Advice can also be sought from a solicitor.
- First published
- Tuesday, 6 August 2024
- Last updated
- Tuesday, 6 August 2024 - show all updates
- All updates
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