DAS is designed to help individuals,couples and businesses repay their debt. It also helps creditors to recover debt they are due. To be eligible to participate in DAS, a debtor must have one or more debts and meet the following criteria:
- be habitually resident in Scotland
- have sought the advice and assistance of a DAS approved money adviser
- want to repay their debt(s) without the threat of creditor(s) taking legal action against them
- have a reasonable level of disposable income after meeting their basic needs.
A debtor would not be eligible to participate in DAS if any of the following apply:
- they are party to a Protected Trust Deed
- they are bankrupt or subject to a bankruptcy restrictions order or a bankruptcy restriction undertaking
- their DAS application only includes one debt and they are subject to a time to pay direction under section 1 (time to pay directions) or section 5 (time to pay orders) of the Debtors (Scotland) Act 1987, in relation to that debt
- the DAS application only includes one debt and are subject to a time order under section 129 (time orders) of the Consumer Credit Act 1974 (d), in relation to that debt
- they are paying a debt(s) under a conjoined arrestment order.*
* if a creditor (whether the creditor is involved in the conjoined arrestment order or not) has tried lawfully to enforce another debt that is owed, then a debtor may be eligible to apply for DAS.
Couples who are each liable for a debt which may be included in a debt payment plan (DPP) may apply for a joint DPP if their relationship falls within the following criteria:
- husband and wife or living together as husband and wife or
- civil partners or
- living together in a relationship with the characteristics of a husband and wife relationship, except that they are of the same sex.
Both applicants must consent to the DPP proposal.
Business DAS allows partnerships, trusts or unincorporated body of persons to repay their debts over a period of time (max five years) without the threat action and will freeze all interest, fees, penalties or other charges on the debt, resulting in them being written off if the debtor fully completes the DPP.
A debtor would not be eligible to participate in Business DAS if:
- Their business is limited or public company
- Their business is not formed under Scots law
- Is carrying on business or be established outside Scotland.