I am currently in a Scottish Trust Deed (Protected) and I have been keeping up with my payments over the past 2 years.
My partner has recently visited a Scottish debt company regarding setting up a Debt Arrangement Scheme for him regarding unsecured debts of around £10,000 made up of pay day loans and credit cards. The Company require a £295 set up fee for the Debt Arrangement Scheme and it looks like we won't be able to pay this until the New Year with Xmas etc coming up.
He hasn't made any payments towards his debts since July this year and of course he has been receiving the telephone calls and letters. I'm just wondering if holding off until January would be ok for the DAS or can creditors take him to court for not paying anything in the past 6 months?
We do really want to get on our feet but we won't have the set up fee until early next year.
Many thanks
Hello xxciaraxx,
As your partner is already in a significant amount of arrears the lenders do have the option to initiate legal action if they choose to.
Rather than delay, perhaps your partner should contact your local Citizens Advice (or perhaps a money advice team operated by your local authority) who can usually set this up without any fee at all being payable?
They can also put legal protection in place for your partner temporarily while they work on setting up the arrangement for him.
As Trust Deed assistant says, there is no need to pay a fee to set up a debt arrangement scheme plan as you can do this via the free sector anyway.
However, if he would rather go through the firm he has been speaking to then they should be able to help him to register a moratorium in the meantime. This would give him protection from legal action for a 6-week period. It is only available once every 12 months, so he might prefer to wait and only use it if action is indeed initiated.
Hi,
How much can your partner afford to pay per month to a plan and does he have any assets?
As other have said no need to pay a fee to set up the DAS, you can do this free of charge at a CAB or local authority money advisor.
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