You can apply for DAS if you live in Scotland and you have a reasonable amount of income left after meeting your basic needs for example paying your mortgage, rent, utilities and council tax.
To apply for DAS you must approach a DAS approved money adviser. The money adviser will discuss your circumstances with you and if DAS is the best option for you, they will complete the debt payment plan (DPP) proposal. Your proposal will then be sent to your creditors for consideration either directly by the money adviser or by the DAS Administrator. The creditors will be given 21 day to respond with their acceptance or rejection to the terms of the DPP. If, however, a creditor does not return respond within 21 days, under the legislation they will be treated as having consented to the DPP. If any one of your creditors does not accept the terms of the DPP, the DAS Administrator will decide whether the proposal should be approved or not
If your creditors are writing to you, to say that they intend to take court action against you to recover debts (diligence), and you are intending to apply for a DPP under DAS, a moratorium application can be submitted to AiB.
Submitting an application for moratorium will stop creditor diligence for a period of six weeks, giving you time to proceed with a DPP application. You can only apply for one moratorium within any 12 month period.
The moratorium must be applied for using the moratorium application form (Form 29): Form 29 Moratorium Application
When the form has been completed, and signed by the debtor you should scan and email it to firstname.lastname@example.org.
Alternatively, you can post it to:
Moratorium Application, IRT, Accountant in Bankruptcy, 1 Pennyburn Road, Kilwinning, KA13 6SA.
On receipt of the moratorium application, the Accountant in Bankruptcy will acknowledge receipt of the moratorium application and inform you when the application has been granted or refused.
When an application for moratorium has been submitted and accepted, it will be recorded on the RoI and on the DAS Register for a period of six weeks from the date of application.
This period gives you time for your approved DAS money adviser to submit your DPP proposal.