40
on a positive note… The Debt Arrangement Scheme Client Information Booklet Individual Debt Payment Programme Debt Arrangement Scheme
on a positive note…
The Debt Arrangement Scheme Client Information Booklet
Individual Debt Payment Programme
Debt ArrangementScheme
ii
This booklet provides general information on the Debt Arrangement
Scheme (DAS) and is not intended as a full statement of the law.
DAS is a statutory debt management scheme introduced by the
Scottish Government to help people repay their debt(s) over an
agreed period of time without the threat of court action from
creditors.
For a variety of reasons some people find that they are struggling to
repay their debt(s) and need support to cope with their situation.
Getting advice as soon as possible can help you to deal with your
debt(s).
You can find contact details of some organisations who offer free
advice at the back of this booklet. Further information on some
alternatives to DAS are also included later in this booklet.
The main legislation relevant to DAS is the Debt Arrangement and
Attachment (Scotland) Act 2002. More information on DAS and
all related legislation and publications are available on the AIB
website: www.aib.gov.uk/debt-arrangement-scheme
CONTENTS1. DEBT ARRANGEMENT SCHEME 11.1 What is the Debt Arrangement Scheme? 2
1.2 Who is involved? 2
1.3 Am I able to apply? 3
1.4 Does DAS cost anything? 4
1.5 Will it affect my credit rating? 4
2. APPLYING FOR DAS 5 2.1 Where can I find a money adviser? 6
2.2 How do I apply for a debt payment programme? 6
2.3 Am I protected during the application period? 7
2.4 What information is given to creditors? 8
2.5 What is the Fair and Reasonable test? 8
2.6 What happens if my debt payment programme
is approved? 9
2.7 What happens if my debt payment programme
is rejected? 10 3. CHANGES TO YOUR DEBT PAYMENT PROGRAMME 113.1 Obtaining further credit 12
3.2 What happens if my circumstances change? 12
3.3 Application for a variation 13
3.4 What happens if my variation is approved? 14
3.5 What happens if my variation is rejected? 15
3.6 What is a payment break? 15
3.7 How many times can I apply for a payment break? 16
3.8 What is a short term financial crisis payment break? 16
3.9 How many times can I apply for a short term
financial crisis payment break? 16
v
4. COMPLETING YOUR DEBT PAYMENT PROGRAMME 174.1 Completion of a debt payment programme 18
4.2 What happens when I have made all my payments? 18
4.3 When can I make an offer of composition? 18
4.4 What happens if the offer is fully accepted? 19
4.5 What happens if the offer is not fully accepted? 19
4.6 Is there any other way a debt payment
programme can come to an end? 19
4.7 Why would a debt payment programme be revoked? 19
4.8 What can I do if my debt payment programme is
revoked? 20
5. REVIEW AND APPEAL 215.1 Client Review 22
5.2 Creditor Review 22
5.3 Review Process 23
5.4 Appeal 23
6. DAS WEB PORTAL 24
7. ALTERNATIVES TO DAS 267.1 Debt Management Plan (DMP) 27
7.2 Trust Deed 27
7.3 Bankruptcy 28
8. CONTACT INFORMATION AND ADVICE SOURCES 29
9. USING YOUR PERSONAL INFORMATION 31
v
1. DEBT ARRANGEMENT SCHEME
“ DAS is the only free official government debt management scheme in Scotland, created to help you repay your debt.”
32
1.1 What is the Debt Arrangement Scheme?
The Debt Arrangement Scheme (DAS) is a statutory debt
management scheme introduced by the Scottish Government to
help you repay your debt.
DAS only applies to people who live in Scotland. However, your
creditors can be elsewhere in the UK, or even abroad.
DAS:
• allows you to pay off your debt over an acceptable period of time;
• will take into account what you can reasonably pay back based
on how much money you have left over after paying your bills etc;
• doesn’t place a limit on the level of debt or the repayment
period;
• allows you to make one regular payment towards all your debt;
• means you do not have to deal directly with your creditors;
• provides protection from creditors taking action to recover
money owed to them; and
• freezes interest, fees and charges on your debt from the date the
application is submitted to creditors for approval and they do not
have to be paid on completion of the programme.
1.2 Who is involved?
You: An individual who has personal debt and has agreed to a debt
payment programme.
DAS Approved Money Adviser (a money adviser): an individual
who meets the criteria to offer a debt payment programme under
DAS as a debt management option.
Creditor: an individual or organisation you owe money to.
DAS Administrator: The Accountant in Bankruptcy (a Scottish
Government official) who oversees the Debt Arrangement Scheme.
Payments Distributor: an organisation responsible for the collection
of payments from you and the distribution of these funds to creditors.
3
1.3 Am I able to apply?
You may be able to apply for a debt payment programme if you
have one or more debts and meet the following conditions:
• live in Scotland;
• have received advice from a money adviser; and
• have a reasonable level of money left over after meeting your
basic needs, for example mortgage, rent, utilities, food, council tax.
You cannot apply for a debt payment programme if you:
• have granted a trust deed which has become protected and
have not been discharged;
• are/were bankrupt and your trustee has not been discharged;
• are subject to a Bankruptcy Restrictions Order or a Bankruptcy
Restrictions Undertaking;
• if you only have one debt and are subject to a court order under
section 1 (time to pay directions) or section 5 (time to pay orders)
of the Debtors (Scotland) Act 1987;
• if you only have one debt and are subject to a time order under
section 129 (time orders) of the Consumer Credit Act 1974; or
• are paying debts under a conjoined arrestment order.
Normally you cannot apply for a debt payment programme if you
are paying debts under a conjoined arrestment order. However, if
any creditor has tried to enforce another debt through the order you
may be able to make an application.
Couples who both owe a debt which may be included can apply
for a joint debt payment programme if their relationship falls within
the following:
• spouses or civil partners of each other; or
• living together as if spouses or civil partners of each other.
For a joint application both must agree.
54
Business DAS is also available if you are a legal person or other
entity, which includes; a partnership, a limited partnership, trust or
unincorporated body of persons. More information is available on
the Accountant in Bankruptcy (AiB) website: https://www.aib.gov.
uk/debt-arrangement-scheme.
If you are not sure if you can apply you can talk about this with your
money adviser.
1.4 Does DAS cost anything?
Fees will be applied for the administration of your debt payment
programme.
You will not be responsible for paying these. They will be deducted
from the payments you make before your creditors are paid.
The DAS Administrator fee is 2% and fees for the others involved in
the programme is 20% of the sum due to be paid to a creditor.
Therefore, if you complete the debt payment programme you will
have paid your debt in full with your creditors receiving 78% of what
they were owed.
1.5 Will it affect my credit rating?
If your debt payment programme is approved your details will be
recorded on the DAS Register. This is a public register which can be
accessed free of charge. Creditors and credit reference agencies
regularly check this register and may update your credit file to show
this information.
The DAS Register can be found on the AiB website at:
www.aib.gov.uk.
5 55
“ DAS freezes all interest, fees, penalties or other charges that would have applied to your debts and waives them upon completion of your debt payment programme.”
2. APPLYING FOR DAS
76
2.1 Where can I find a money adviser?
You must seek the advice and assistance of a money adviser.
You can get free confidential and impartial advice in your local
area. If you choose to speak to a debt management firm they
cannot ask you to pay for advice.
People who can give face-to-face advice include advisers in
Citizens Advice Bureau and Local Authority money advisers. Some
organisations may also give information and advice over the
telephone or online.
You can find contact information at the back of this booklet or find a
money adviser near you on the AiB website at:
www.aib.gov/uk/debt-arrangement-scheme.
2.2 How do I apply for a debt payment programme?
Your money adviser will discuss your income and expenditure and
ask you to provide proof of your financial circumstances.
They will calculate how much money you can afford to pay towards
your debt using a system called the Common Financial Tool. Further
information on the Common Financial Tool can be found on the AiB
website at: www.aib.gov.uk.
If your only source of income is benefits you may be able to apply
but must have money left over to make payments.
They will talk to you about how much of the money you have left you
want to use to pay your creditors.
All your debts can be included in your application except a
continuing liability. A continuing liability is an ongoing debt you
have to pay regularly (for example rent, mortgage, council tax, gas,
electricity, phone, student loans).
7
You can choose not to include rent or mortgage arrears for your
home. If you do the money you pay towards these debts must be
clearly shown in your expenditure.
Your money adviser will discuss who you want to nominate as your
payments distributor. This can be the same organisation that your
money adviser works for.
If you and your money adviser agree you are suitable they will make
the application for you.
2.3 Am I protected during the application period?
If you are thinking of applying but require more time to think things
over and are concerned about what your creditors could do in the
meantime, you can let AiB know you are interested in making the
application.
This can be done by submitting a moratorium application through
the Register of Insolvencies or sending a completed form to AiB, both
can be found on the AiB website at: www.aib.gov.uk.
When AiB have accepted your moratorium application your details
will be recorded on the DAS Register and the Register of Insolvencies.
The Register of Insolvencies holds details of all people/organisations
who have been made bankrupt or have a protected trust deed.
You will have six weeks from the date the entry is made on the
registers to decide if you want to proceed with a debt payment
programme, grant a trust deed, or apply for bankruptcy. During this
six week period your creditors cannot take any legal action against
you.
If you proceed with one of these solutions the protection period will
be extended until the debt payment programme is approved, a
decision on whether to protect a trust deed is made or bankruptcy is
awarded.
98
You cannot make a moratorium application more than once in
any 12 month period unless you have been in a joint debt payment
programme which has been revoked.
2.4 What information is given to creditors?
The following information is sent to your creditors to accept or reject
your proposal:
• your income and expenditure;
• the amount you will pay;
• how often you will make the payments;
• the total amount you owe the creditor;
• how long your debt payment programme will last; and
• the amount your creditor will receive after fees are taken off.
Each creditor is given 21 days to respond to the application and accept or reject it.
If creditors who are owed 90% of the total value of your debt
accept, or are deemed to have accepted (because they do not
respond), it will be automatically approved.
If creditors who are owed more than 10% of your debt reject it, the
DAS Administrator can still approve it if they decide it is fair and
reasonable to do so.
2.5 What is the Fair and Reasonable test?
The Fair and Reasonable test is the criteria the DAS Administrator will
use when deciding whether to approve or reject a debt payment
programme.
The DAS Administrator must take into account:
• the calculation of your income and expenditure using the
Common Financial Tool, together with any statements or
evidence provided by the money adviser;
9
• the total amount of debt;
• the total period of time it will last;
• the method and frequency of the payments;
• the extent to which the creditors have agreed;
• comments from creditors;
• comments from the money adviser;
• any previous application; and
• any other factor which the DAS Administrator considers
appropriate.
2.6 What happens if my debt payment programme is approved?
Your creditors will not be able to ask you to pay any money towards
your debt as long as you make your payments and keep to the
standard and any discretionary conditions.
The standard conditions include:
• making the first payment within 42 days of the date of approval;
• making all payments as they fall due; and
• paying a continuing liability (for example council tax).
A full list of the standard conditions can be found on the AiB website
at: www.aib.gov.uk/debt-arrangement-scheme.
A discretionary condition is an agreement which you suggest or is
put in place by the DAS Administrator to allow your debt payment
programme to be approved. These could include money to be
paid from the sale of something you own or a future lump sum,
a guarantee of extra payments from income at a later date, or
any other reasonable condition. If you fail to meet the terms of a
discretionary condition within the timescale, your debt payment
programme may be revoked.
1110
If you are unhappy with a discretionary condition being put in place
you can ask for a review of the decision, see section 5 of this booklet.
Your payments distributor will get in touch to talk to you about how
you will make your payments. Payments can be made by any
method you agree, including directly from your wages.
2.7 What happens if my debt payment programme is rejected?
If it is rejected you should contact your money adviser to discuss your
options. This may include submitting an amended application.
If you are unhappy with the decision you can ask for a review of the
decision, see section 5 of this booklet.
11
3. CHANGES TO YOUR DEBT PAYMENT PROGRAMME
“ If your circumstances change you may apply for a variation to your debt payment programme.”
1312
3.1 Obtaining further credit?
If you want further credit you must tell the potential creditor you
are in a debt payment programme under the Debt Arrangement
Scheme.
You are only able to get credit, either alone or jointly, up to an
amount of £2,000.
You can only get additional credit over and above the £2,000 if
you get the approval of the DAS Administrator in the following
circumstances:
• credit approved which is included in a variation to a debt
payment programme;
• credit for emergency repairs to your home;
• credit for reasonable funeral expenses;
• further credit incurred as part of a cyclical loan agreement in
operation prior to the approval of the programme (for example a
current mortgage account); or
• trade debt you have in the ordinary course of business.
You will be expected to pay this additional credit at the agreed
contracted rate. Your debt payment programme may be varied to
include this additional expenditure.
3.2 What happens if my circumstances change?
If your circumstances change and you can no longer afford the
agreed payments, or want to increase the amount you pay, you
can apply for a variation to your debt payment programme.
A successful variation application may result in the following one or
more changes:
• the amount you pay might be increased;
• the amount you pay might be reduced;
13
• the length of time you pay for might be increased;
• the length of time you pay for might be reduced; or
• a new condition might be attached.
The DAS Administrator will only agree to a variation if:
• all parties agree the variation;
• there has been a change of circumstances which may include
an increase or decrease in your income;
• you and a creditor agree there is no longer a debt to be repaid;
• a creditor has paid you compensation which has been used to
pay all or part of the debt they are owed;
• for administrative purposes or to reduce the period of
payment (where there has been no change in your financial
circumstances);
• a debt due at the date of approval was left out, overlooked or
wrongly assessed;
• a future debt not to be paid at the date of approval becomes
due (for example a debt due to HMRC);
• you require additional credit to pay for emergency repairs,
funeral costs etc. and you have already incurred debt of £2,000; or
• you want a payment break for a period up to six months and
meet the conditions.
If you are in a joint debt payment programme, an application must
be made by both parties.
3.3 Application for a variation
You or your money adviser can apply, in writing, to the DAS
Administrator for a variation.
A creditor can also apply for a variation but they must make a
reasonable attempt to agree the change with you first.
1514
The DAS Administrator must approve a variation if:
• all parties agree to the variation;
• you and a creditor agree there is no longer a debt to be repaid;
• a creditor has paid you compensation which has been used to
pay some or all of the debt they are owed; or
• for administrative purposes or to reduce the period of the debt
payment programme (where there has been no change in your
financial circumstances).
Where the DAS Administrator must decide if a variation is fair and
reasonable they will write to all parties. Everyone is given a period of
21 days to respond and accept or reject the variation.
If they do not respond within 21 days they will be deemed to have agreed.
If making the decision, the DAS Administrator must look at the same
criteria set out in section 2.5 of this booklet.
3.4 What happens if my variation is approved?
You will still be subject to the standard conditions.
You may also be subject to discretionary conditions which are
suggested by you or put in place by the DAS Administrator to allow
your variation to be approved.
Your creditors will be bound by the changes as long as you continue
to keep to the revised agreement.
If you are not happy with the decision you can ask for a review, see
section 5 of this booklet.
15
3.5 What happens if my variation is rejected?
Your programme will continue as if the variation application had not
been made.
If you are not happy with the decision you can ask for a review, see
section 5 of this booklet.
3.6 What is a payment break?
Payments sometimes become unmanageable where you, or
someone in your household, experiences a reduction in income.
In these circumstances you can apply for a payment break of up to
six months where the money you have left over has reduced by 50%
or more (calculated using the Common Financial Tool).
This must be a result of:
• a period of unemployment or change in employment;
• a period of leave from employment for maternity, paternity,
adoption, or to care for a dependant, or a period when you are ill;
• a reduction in social security benefits or tax credits (or both);
• divorce from someone you are married to, the dissolution of a
civil partnership;
• separation from a person you are married to, or are the civil
partner of, or living together as if you were married or civil
partners; or
• death of a person with whom you shared care whether financial
responsibilities or otherwise.
The DAS Administrator must make a decision and will follow the same
process shown at section 3.3.
If the payment break variation is approved the period of your debt
payment programme will be changed accordingly.
1716
3.7 How many times can I apply for a payment break?
There is no limit to the number of times you can apply for a payment
break if you meet the necessary criteria.
3.8 What is a short term financial crisis payment break?
Situations can occur when there is a sudden emergency and you
are not able to make your regular payment. There is no list which sets
out what an emergency is but this could, for example. include the
breakdown of a car or household item.
In this situation your money adviser can assess if this is a one
off emergency or if they require to do a full assessment of your
circumstances and apply for a payment break as described in
section 3.6.
If they are satisfied it is appropriate, your money adviser can
approve a short term financial crisis payment break immediately. This
will allow you to miss one payment but you must be able to make
your next payment when it is due.
Your debt payment programme will be extended by one month to
cover the missed payment.
3.9 How many times can I ask for a short term financial crisis payment break?
You can only be considered for two missed payments of this type in
a 12 month rolling period.
1717
4. COMPLETING YOUR DEBT PAYMENT PROGRAMME
“ all interest, fees penalties are waived on completion of your debt payment programme.”
1918
4.1 Completion of a debt payment programme
A debt payment programme ends when:
• all your agreed payments have been made;
• you make a lump sum payment for the amount of all outstanding
payments due;
• all creditors agree in writing to complete it prior to the planned
end; or
• an offer of composition has been accepted by creditors.
4.2 What happens when I have made all my payments?
Your details are removed from the DAS Register and your creditors
will be told your debt has been repaid.
All interest, fees and charges on your debt, from the date the
application was submitted for approval, no longer need to be paid
and you cannot be asked to pay this money.
If you are making your payments directly from your wages, your
employer will be contacted to stop the deduction from your wages.
4.3 When can I make an offer of composition?
If you agree the DAS Administrator can make an offer of composition
to your creditors if:
• you have been paying for over twelve years; and
• 70% of your total debt has been paid.
Your creditors have 21 days to respond and accept or reject the
proposal.
If they do not respond within 21 days they will be deemed to have accepted.
19
4.4 What happens if the offer is fully accepted?
You will not have to make any more payments and the interest or
charges which would have accrued will be written off.
4.5 What happens if the offer is not fully accepted?
The DAS Administrator must vary your debt payment programme
and remove any creditor who accepted, or were deemed to have
accepted, the offer.
You will be told how long you will have to continue to pay.
4.6 Is there any other way a debt payment programme can come to an end?
The DAS Administrator can consider revoking it if certain conditions
arise or an application is made.
4.7 Why would a debt payment programme be revoked?
The DAS Administrator will automatically revoke if you apply and are
awarded bankruptcy, or if you grant a trust deed which becomes
protected. Your details will be removed from the DAS Register and
placed on the Register of Insolvencies.
There are a number of reasons where you, your money adviser, or a
creditor can apply for a revocation. The DAS Administrator can start
the action without an application.
2120
These reasons include:
• you failed to satisfy the standard and/or discretionary conditions;
• you did not make full payment over a two month period and
another payment is due;
• you made a false statement when applying or when asking for a
variation; or
• the parties involved in a joint debt payment programme have
separated.
The DAS Administrator will write to all parties giving them at least four
weeks in which to provide comments before making the decision.
The DAS Administrator will consider:
• whether the application complies with the grounds listed above;
• the nature of the failure or false statement;
• any factors that indicate whether or not the debt payment
programme will be successful; or
• any other factors for consideration.
4.8 What can I do if my debt payment programme is revoked?
If it is revoked you will have to pay any outstanding amount owed,
including interest, fees and charges that would have been payable
had you not entered into it.
You should contact your money adviser to discuss your options.
If you are not happy with the decision you can ask for a review, see
section 5 of this booklet.
21
5. REVIEW AND APPEAL
“ If you are unhappy with a decision you can ask for a review.”
2322
5.1 Client Review
You can ask for a review of a decision made by the DAS
Administrator to:
• refuse to approve a debt payment programme;
• attach a discretionary condition;
• approve or refuse a variation;
• correct an accidental error and restore a debt payment
programme;
• revoke a debt payment programme; or
• refuse to revoke a debt payment programme when the DAS
Administrator has not taken into account a missed payment that
has been approved by a money adviser.
5.2 Creditor Review
A creditor can ask for a review of a decision taken by the DAS
Administrator to:
• dispense with creditor consent and approve a debt payment
programme;
• refuse to approve a debt payment programme;
• attach a discretionary condition;
• approve or refuse a variation;
• correct an accidental error and restore a debt payment
programme;
• revoke a debt payment programme; or
• refuse to revoke a debt payment programme when the DAS
Administrator has disregarded a missed payment that has been
approved by a money adviser.
23
5.3 Review Process
All requests must be made in writing within 14 days of the date of you
were told about the decision. A full review of the original decision
will be carried out by the DAS Administrator’s independent Review
Team.
A request should be made on the DAS web portal (see section 6), in
writing to the Operational Policy and Compliance Team or by email
A decision must be issued within 28 days and may:
• confirm a decision;
• amend or alter a decision; or
• revoke a determination and substitute a new determination.
5.4 Appeal
If you or a creditor do not agree with the decision of the Review
Team an appeal can be made to a sheriff on a point of law.
An appeal must be made within 14 days of the date of the review
decision.
The decision made by the sheriff is final.
2524
6. DAS WEB PORTAL
“ The web portal – gives you online access to your case so you can see what’s happening with your payments.”
25
6. DAS web portal
DAS has a dedicated web portal that gives you online access to
the DAS case management system called eDEN.
This has been developed to provide you with information on the
progress of your debt payment programme.
You will be able to:
• communicate with the DAS Administrator or your money adviser;
• view all letters issued by the DAS Administrator or money adviser;
• make an application for a variation;
• make an application for a revocation; and
• submit a request for a review.
Further information on how to access eDEN can be found
on www.aib.gov.uk/debt-arrangement-scheme or by contacting
the DAS Administrator.
2726
7. ALTERNATIVES TO DAS
“ If a debt payment programme under DAS is not a suitable option for you there are alternatives available.”
27
7.1 Debt Management Plan – (DMP)
A voluntary agreement between you and your creditors to make a
set payment towards your outstanding debt.
DMPs are managed by firms known as Debt Management
Companies, who negotiate with your creditors and manage the
payments on your behalf. Your agreed payments are based on
how much you can afford to pay. These payments are distributed
between all your creditors.
When your debt management plan is being set up, your creditors
may agree to freeze any interest charges but are not obliged to do
so. Your creditors are still entitled to take action to enforce payment
of your debt(s) whilst you are subject to a DMP. Voluntary DMPs do
not offer the same security as a debt payment programme under
the Debt Arrangement Scheme.
Please note that some Debt Management Companies charge for
the provision of advice and on-going administration of a DMP. You
should check this with your chosen adviser prior to entering into any
agreement.
7.2 Trust Deed
A formal arrangement where a debtor conveys their estate to
a trustee for the benefit of their creditors. The trustee must be a
licensed insolvency practitioner.
To enter into a trust deed you must either have assets that can be
sold or you must be able to make regular payments to your trustee
from your income.
A trust deed can become protected. This means your creditors
cannot take court action against you for the debt you owed when
the trust deed was agreed provided that you meet the terms of the
trust deed.
2928
If your creditors do not agree to your trust deed becoming
protected, they can still take court action against you. If you do
not co-operate with your trustee, your trust deed may fail and your
creditors can take legal action to recover what you owe them,
including making you bankrupt. Your trustee can also make you
bankrupt if you do not co-operate with them.
It is important to note that your trustee can apply to make you
bankrupt at any time during the trust deed, if they think that this
would raise more money for creditors, although this does not
happen often.
7.3 Bankruptcy
A legal declaration that someone cannot pay their debt(s). If you
are declared bankrupt, control of things you own, including your
home, are passed to your trustee. You may also be required to make
a regular payment from your income.
Details of individuals who are bankrupt or have granted a protected
trust deed are recorded on the public Register of Insolvencies:
www.aib.gov.uk
For further information on the above alternatives to DAS please
contact your local Money Advice Centre or Citizens Advice Bureau.
29
8. CONTACT INFORMATION AND ADVICE SOURCES
“ Getting advice as soon as possible can help you to deal with your debts.”
3130
8. Contact information and advice services
To get more information on DAS and alternative debt relief and
management options, contact:
DAS AdministratorAccountant in Bankruptcy1 Pennyburn RoadKilwinningAyrshireKA13 6SA
Telephone: 0300 200 2770
Fax: 0300 200 2601
E-mail: [email protected] (for general information on DAS)
Website: www.aib.gov.uk
For free advice on debt contact:
Money Advice ScotlandTelephone: 0141 572 0237
Website: www.moneyadvicescotland.org.uk
E-mail: [email protected]
Citizens Advice ScotlandTelephone: 0808 800 9060
Website: www.cas.org.uk
National Debtline ScotlandTelephone: 0808 808 4000
Website: www.nationaldebtline.org/Scotland
Trading Standards Scotland Website: www.scotss.org.uk
There are other organisations which can provide you with
alternatives to entering DAS. Some of these organisations may
charge a fee for their services. You can find the contact details for
these organisations in your phone book.
31
9. Using your personal information
“ Guidance about how your information is used and your rights to access information we hold about you is available on request.”
3332
This publication is available on request in communitylanguage versions and alternative formats. Please contact0300 200 2600 for this to be arranged.
We have written this booklet for general guidance only. It is not a detailed or full statement of the law.
Tha am f oillseachadh seo ri fhaot ainn air iarrt as ann ancànanan coimhearsnachd agus ann an cruthan eile.Cuiribh �os gu air son seo a chur air dòigh.
0300 200 2600
0300 200 2600
0300 200 2600
0300 200 2600
0300 200 2600
0300 200 2600
9. Using your personal information
Personal information you supply to Accountant in Bankruptcy (AiB)
may be used in a number of different ways, for example:
• to determine applications for bankruptcy and debt payment
programmes, protect trust deeds;
• for the collection of fees and contributions;
• to identify and sell assets;
• to supervise the administration of bankruptcies and
protected trust deeds; or
• for statistical analysis.
We may share your information with, and obtain information from,
third parties such as banks, credit reference agencies, creditors and
local authorities for the purposes of handling your case.
If you are made bankrupt, grant a trust deed which becomes
protected, or apply under the Debt Arrangement Scheme, your
details will be recorded in a public register available for anyone to
access free of charge. Additionally, if you do not comply with the
conditions of your bankruptcy you could be subject to a Bankruptcy
Restriction Order where your details will be made public in a press
release and on the AiB website.
Using your information in this way is required to allow AiB to act under
the Bankruptcy (Scotland) Acts and other relevant legislation. We, or
an agent acting on our behalf, may also contact you to discuss your
experience of using our service as part of our on-going commitment
to customer service. However you will be given the opportunity to
request that we do not contact you for these purposes.
For further information about how your information is used and your
rights to access information we hold about you, please contact:
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This publication is available on request in communitylanguage versions and alternative formats. Please contact0300 200 2600 for this to be arranged.
We have written this booklet for general guidance only. It is not a detailed or full statement of the law.
Tha am f oillseachadh seo ri fhaot ainn air iarrt as ann ancànanan coimhearsnachd agus ann an cruthan eile.Cuiribh �os gu air son seo a chur air dòigh.
0300 200 2600
0300 200 2600
0300 200 2600
0300 200 2600
0300 200 2600
0300 200 2600
This publication is available on request in communitylanguage versions and alternative formats. Please contact0300 200 2600 for this to be arranged.
We have written this booklet for general guidance only. It is not a detailed or full statement of the law.
Tha am f oillseachadh seo ri fhaot ainn air iarrt as ann ancànanan coimhearsnachd agus ann an cruthan eile.Cuiribh �os gu air son seo a chur air dòigh.
0300 200 2600
0300 200 2600
0300 200 2600
0300 200 2600
0300 200 2600
0300 200 2600
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APS Group Scotland SCT0719613582 (11/19)
