Debt Arrangement Scheme

What is the Debt Arrangement Scheme?

The Debt Arrangement Scheme (DAS) is a statutory repayment plan for those in debt.  It is not a type of personal insolvency like  a Protected Trust Deed or Sequestration. This means if you enter the Debt Arrangement Scheme you repay your debts in full, although the Scheme does have many other benefits.

The Background to the Debt Arrangement Scheme

The Scottish Government introduced the Debt Arrangement Scheme in 2004.  It was the first scheme of it's type in the United Kingdom and provides many benefits for those who enter Programmes (DPPs) under the Scheme. This includes protecting them from legal debt recovery processes, such as creditors instructing Sheriff Officers to execute earning arrestments, bank arrestments or attachments.

It also protects consumers once they are in a Programme, in that creditors cannot then raise a petition to have them declared bankrupt in court. It  also freezes interest on the debts that are included in Debt Payment Programmes once they are approved.

Who is the Debt Arrangement Scheme suitable for?

The Debt Arrangement Scheme is suitable for people who live in Scotland who cannot pay their debts as they fall due. This normally means people who cannot make the minimum payments due

It is not the only formal debt remedy available, there are others, such as protected trust deeds and bankruptcy. However, the Debt Arrangement Scheme, is for people who can repay their debts within a reasonable period, normally less than 10 years.  It is also for debtors who have assets, which may be placed at risk were they to use a trust deed or bankruptcy.

Do you have to include all your debts?

When you apply for a Debt Payment Programme you can choose whether to include all your debts into your plan, or leave some out. The only debts you can leave out are rent and mortgage arrears. However, as the Debt Arrangement Scheme does not protect you from having your home repossessed or from being evicted, it may be you would prefer to offer your mortgage provider or landlord more money than they would get in the Debt Arrangement Scheme to pay that debt off quicker. This should be discussed with your adviser, as it may be your landlord or mortgage provider are happy for you to include their debts into the Debt Arrangement Scheme. It is also not a forgone conclusion if you do include your rent or mortgage arrears in a plan without your landlord or mortgage provider's permission, that a sheriff would necessarily grant an order to evict you or repossess your home.  The sheriff should consider first whether your repayments are reasonable.

Can creditors stop you entering the Debt Arrangement Scheme?

Those creditors whose debts are included into programmes do have a say, but where they fail to respond within the notification period of three weeks, they are treated as if they agreed to the programme. Where they object, the proposals are then considered under a “fair and reasonable” test by the Debt Arrangement Scheme Administrator. If he finds that a proposal is fair and reasonable he can set aside the objections and approve a programme.

Other Benefits of the Debt Arrangement scheme

In addition to the benefits listed above, if during a programme a debtor suffers a drop in their income and loses over 50% of their income, they can obtain a payment break for up to six months whilst remaining in the programme. Where their circumstances permanently change for the better or worse, they can apply for a variation to change the amount they are paying.

Statutory Moratoriums

Another benefit of the Scheme is debtors are able to apply for a statutory moratorium. This is a legal process that protects a consumer from sheriff officers or creditors who are trying to  make them bankrupt. When someone believes they may be in imminent danger of a creditor taking enforcement action or someone raising a petition for their bankruptcy, they can intimate to the Debt Arrangement Scheme Administrator an intention to apply to the Scheme. They can only do this once every 12 months, but where the process is used, they receive 6 weeks protection to allow them to submit an application to the Debt Arrangement Scheme.

The benefits of the Scheme do not stop there, however. Where a creditor is trying to make a debtor bankrupt, and a statutory moratorium has not been used,  it is possible for a sheriff to continue a court hearing to allow an application for a Debt Payment Programme to be considered, before deciding whether to order the debtor's bankruptcy. If the Debt Payment Programme is approved, the debtor cannot be made bankrupt.

Another benefit of a Debt Payment Programme, is where a creditor has arrested a debtor's earnings, if a DPP is successfully approved, the DPP  lifts the  arrestment.

How do you apply to enter the Debt Arrangement Scheme?

To apply for the Debt Arrangement Scheme you cannot do this yourself.

Applications must be made via an Approved Money Adviser or a licensed Insolvency Practitioner. The first must advise the debtor on the suitability of the Scheme and must draft a financial statement with the debtor to see what they can afford to pay. If they believe the DAS would be appropriate they must then confirm the balances owed to the creditors before submitting an application to the creditors. The creditors then get three weeks to consider the proposals.

If no-one responds in those three weeks, they are considered to have agreed to the proposal. If any object, it is for the Debt Arrangement Scheme Administrator to decide whether the plan is fair and reasonable.   If he believes it is, your plan is approved.

What happens once the Programme is approved?

Once a programme is approved, you are allocated a Payment Distributor. These are companies which administers the money you pay each month towards your debts, and then make the payments they are instructed to make, to your creditors.

They are allowed to charge a fee of up to 8% of what you pay towards your debts for providing this service; however, legally the fee is charged to your creditors, not you, which means the service is essentially free for you. The Debt Arrangement Scheme Administrator also charges a fee of 2%, but again it is not you that pays this, but your creditors.

Once a Programme is approved you have 42 days to make your first payment to your payment distributor. After that you continue making your payments at the agreed intervals until your debt is paid off, although each year your Approved Money Adviser should contact you to review your circumstances to ensure the Scheme is still the correct option for you.

Frequently asked Questions

What if I cannot pay my DAS?

When in the Debt Arrangement Scheme, If you lose your job or suffer an income drop, you may struggle to maintain payments to your programme. If you find yourself in this situation, the last thing you should do is ignore it. You may be entitled to apply for a payment break. If you cannot maintain payments to your Debt Payment Programme (DPP) this can have serious consequences for you, as you may find that either the DAS Administrator or one of your creditors may apply for your DPP to be revoked. If  a creditor or the DAS Administrator is proposing your DPP is revoked, you will be notified and allowed to submit your reasons why it shouldn’t be.

If you DPP is revoked, not only do you lose all the protections of the Scheme, but creditors can reapply any interest, charges, fees and penalties they were not able to apply whilst you were in the Debt Arrangement Scheme.

Payment holidays in the Debt Arrangement Scheme?

Where you cannot maintain your payments, because you have experienced a change in circumstances, you may be able to apply for a variation, which could allow you to reduce your payments. Alternatively, you may want to apply for a payment break, which can be allowed for up to 6 months in certain circumstances. Payment breaks are allowed providing you can show your disposable income has dropped by more than 50%.

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