Hi loupenny,

If his DAS is revoked then he would revert back to his orginal situation, where his creditors can add the interest back on and chase him for payment with the threat of legal action. Why is it he is struggling to make the payments, loupenny? Are they set too high do you think? It may be possible to get the payment amount changed by applying for a variation.

He would not qualify for LILA due to his income, though that does not mean that he cannot enter sequestration another way if he so wishes. However, this may not be necessary and another option might suit him better, such asd a protected trust deed possibly.

It is impossible to advise without a lot more information though; principally whether he owns any assets (eg equity in his home?), how much his debts add up to and how much he can realistically afford to pay to them.

he has applied to get his payments reduced and they have refused this. He is currently paying £80 per week and they are looking for him to pay arrears on top o fthis which we simply cannot afford.

He does not have any assets or savings or a car. we live in a council house. he has roughly around £4,500 left to pay on his DAS which should have been finished at the start of next year. it would probably be double that if the interest and charges are added on if his DAS fails, maybe more, im not sure how it would work?

Was it put forward to creditors as a formal variation do you know? How much was being offered? If creditors refused it, did the DAS Administrator also judge the variation to not be fair and reasonable?

Sorry for firing questions at you, loupenny!

Like Kevin, I have some question for you - so apologies in advance!

Has anyone actually asked for your partner's DAS to be revoked? He would have received a letter telling him that the DAS Administrator 'proposes' to revoke, and he would have been given 28 days to contact them, to explain why he had missed payments.

Also, you keep saying 'they' have told him this, 'they' have told him that. Who are "they"?

How long has your partner been in a DAS? Has he spoken to his money adviser about this situation?

I'm sorry for asking so many questions, but I'm trying to get a clearer picture, before doing ahything else.

the company in charge of his DAS is Wilson Andrews and it is them he is dealing with. They did send out a form to complete to request reduced payments but when he called and spoke to wilson andrews for advice on completing the form they went over his allowances on the phone and said he would not qualify.

he has been in the DAS for year and half and has about the same to go before its finished.

He did receive a letter advising of a possible revokation of his DAS which he disputed and won. however, as he is still struggling to pay the arrears on top of his payment they are threatening to apply for revokation again.

He has paid alot of money into it and does not want to see it fail but if they expect him to pay his payments and arrears on top its not possible

It isn't up to Wilson Andrews to decide whether his revised offer is acceptable or not, but the creditors. DAS is quite different to an insolvency procedure and their role is not to represent creditors' interests but to act as an intermediary representing him.

I would suggest that your friend should speak to them again and insist that he wishes for them to apply for a variation on his behalf.

Hi loupenny,

I am sorry your partner is experiencing problems with varying his DAS.

When there is a change in circumstances we will always ask for verification of the changes before contacting creditors for a variation.

I have been in touch with the team who will give your partner a call to confirm what information is still needed and the timescale involved.

I am sure we can get things moving for your partner and I will check on progress with the team once we have spoken to him.

I hope this helps.

Just as a matter of interest, there is nothing to stop a debtor applying for their own variation under the Debt Arrangement Scheme (Scotland) Regulations 2011.

Regulation 36.ÔÇö(1) An application to the DAS Administrator for variation of a debt payment programme may be made byÔÇö
(a)a debtor or a money adviser on behalf of the debtor; or
(b)subject to paragraph (2), a creditor.

Obviously most debtors won't know how to do this, but I am sure the DAS Administrator's office would assist if someone requested information on how to do this.

Very true, robinhood.

Although you wouldn't expect to have to do it yourself if you were paying a money adviser a fee to administer the DAS for you...

loupenny, you say that your partner has to pay back the "arrears" on top of his payment. Are you talking about arrears of the DAS payment, or arrears of the fee he pays to his money adviser?

Your partner will have to pay back the full amount he owed in his DAS, but people are usually allowed to pay back any 'arrears' simply by extending the length of the DAS.

Unless your partner told the DAS Administrator that he would make up the arrears more quickly than that?

It's still a bit confusing as to who is 'telling' your partner these things. If Wilson Andrews are saying that they will apply for revocation, and they're not doing it on your partner's behalf, then they are confused.

If it's because he's not paying the money adviser's fee, but he is making his DAS payment, then they are very confused.