Are you owed money?

As a creditor, you have rights and obligations when recovering debt.

The Scottish Government website mygov.scot has published information on business debt to help those who are owed money.

This includes:

• getting back money owed to you or your business
• making a court claim for money
• winding up a company that owes you money
• apply to make someone bankrupt

The statutory demand for payment of debt is a prescribed form known as Form 5 as per Schedule 1 of the Bankruptcy Regulations (Scotland) 2016.

It is worth checking if those who owe you money have already entered into a debt solution.

• check if a person or company is entering a debt solution
• search for disqualified company directors

Already in a debt solution?

Creditors cannot take further enforcement action to recover a debt if the person who owes you money is already in or entering a debt solution.

However, you can take actions to ensure the debt owed to you is recorded. Within each debt solution mentioned below, creditors have certain rights and obligations.

Debt Arrangement Scheme (DAS)

The DAS register will show if a person wants to or has entered a DAS.

Providing the individual with debt has informed their money adviser about the debt, you will be notified about the application and your rights throughout.

Creditors are able to access case information they are involved in via eDEN. This includes confirming debts and responding to proposals.

To log in or register, visit the eDEN section.

If the programme is revoked, you can apply all interest, fees, penalties and charges which would have become payable for a debt after the approval date.

Protected trust deeds

The Register of Insolvencies will show if a person wants to or has entered into a protected trust deed.

Contact details for the insolvency practitioner managing the protected trust deed are provided in the results. You should contact the insolvency practitioner directly to make a claim.

Bankruptcy

The Register of Insolvencies will show if a person wants to or has entered into bankruptcy.

If you wish to make a claim in the bankruptcy, you can contact the trustee who will provide the relevant information.

Further information on how to register as a creditor in an insolvency case is available on mygov.scot.