To apply for a “stand alone” time order you need to complete the application below and submit it to the Sheriff Clerk’s office at your local Sheriff Court.
There is not a fee for applying for a Time Order application, however, once the court “warrants” your application form, you will receive a copy and this will have to be served on the other Respondent, using a Sheriff Officer. There will be a cost for this.
When making the application, you are the Applicant and your lender is the Respondent. You are applying for a Time Order under section 129 of the Consumer Credit Act 1974.
You also need to outline how much you are offering to pay towards your arrears and future installments each week/month.
You can also request an Ancillary Order. This is an additional order, in addition to the Time Order. This is likely to be an order under S136 of the Consumer Credit Act 1974, and is usually used to vary the terms of the agreement in some way, most commonly, to vary the interest rates.
This is a complex area, and should only be used after you have sought advice. You do not need to seek an Ancillary Order.
You will also have to draft an income and expenditure to show the court how much income you have and what your other financial committements are. This is so the lender and the Court can decide if your offer is reasonable.
What Happens Next?
Once your lender has been served your application, they can either agree to it, or reject it. If they reject it, a court hearing will be set and you will have to attend or arrange for yourself to be represented to argue why it would be reasonable in all the circumstances for the Sheriff to grant your Time Order.