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Notes for Guidance - Money adviser - Debt Arrangement Scheme

This guidance is aimed at money advisers 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. 

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

opc@aib.gov.uk.

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

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

The client, you on behalf of the client, can appeal to the Sheriff Court if the clients think review decision is wrong.

An appeal can only be made on a point of law. This means it is believed the reviewing officer did not apply the law properly when they made the decision.

The appeal must be made within two weeks of the date of the review decision to the court nearest to the client’s address.

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.

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