Debt Arrangement Scheme - Terms And Conditions
After being fully advised of your options including a Trust Deed, Sequestration and a Debt Payment Plan (DPP) under the Debt Arrangement Scheme (DAS) you will have sufficient information to enable you to make an informed decision on the most appropriate solution for your circumstances.
The following terms and conditions are generic in nature and apply to all individuals who choose to have James Macintyre of Simple Financial Solutions Ltd as their Money Adviser under DAS. You will also be provided with Terms of Engagement specific to your circumstances prior to making your application for a DPP under DAS.
The term 'Simple Financial Solutions’ or ‘us' or 'we' or ‘our’ refers to the website owner, Simple Financial Solutions Ltd, SC382881, registered office is Suite 3, Sovereign House, 58 Elliot Street, Glasgow, G3 8DZ.
The term 'you' refers to the individual seeking help with their debt through the Debt Arrangement Scheme.
Simple Financial Solutions Limited is authorised and regulated by the Financial Conduct Authority in respect of its consumer credit-related activities, FCA registration no 641275. Data Protection registration no Z2440933.
James Macintyre is licensed in the United Kingdom to act as an insolvency practitioner by the Insolvency Practitioners Association.
You agree to the following standard conditions, as set out in the DAS Regulations.
- make all payments under the programme as they fall due;
- make the first payment under the programme during the period of 42 days immediately following the date on which the debt payment programme is approved;
- pay all continuing liabilities when due for payment – including your monthly management fee to SFS;
- make no additional payment to a creditor for a debt that is included in the programme;
- not apply for or obtain credit beyond that permitted by the DAS Regulations, and make all payments for any such permitted credit obtained as they fall due;
- notify SFS of any change of address or material change in circumstances within 7 days of becoming aware of the change;
- within 10 days after receipt of a written request from your money adviser, provide such information or evidence on my income, assets or liabilities as they may request;
- complete, and submit when due, a tax or duty return or declaration; and pay the tax or duty when due;
You understand that if the programme is approved it may be bound by any other reasonable condition as specified by the DAS Administrator intended to secure completion of the programme.
You should declare all of your outstanding debts and provide at least one piece of correspondence from each of your creditors showing the amount outstanding as well as your account/reference number.
On application of your DPP you should make no further payments to your existing creditors and you should cancel any Direct Debits and Standing Orders. The only exceptions should be payments which you have specifically discussed and it has been agreed you should continue to make.
If you choose to exclude any debt then you should continue to make the contractual repayment or agreed repayment with the creditor until the debt is repaid in full. If you fail to repay this debt you could jeopardise the successful completion of your DPP. You cannot add this debt into the DPP at a later date.
Your Payment Distributor will make monthly payments to your creditors on a pro-rata basis. At the conclusion of your DPP your creditors will have been paid in full.
You are not permitted to pay a creditor included in the DPP out with your regular DPP payment, if you do so, your DPP could be revoked. If you are in a position to make a one off ad-hoc payment to your DPP then you must contact your Money Adviser and your Payment Distributor to make arrangements for the payment to be made.
It is your responsibility to ensure your employment is not affected by your DPP and you shall review your contract of employment and/or take independent legal advice/speak with your HR adviser.
Your payment & fees:
You will make a weekly or monthly payment equal to your disposable income and calculated using the Common Financial Statement (CFS) expenditure guidelines.
Your payment will be made to a Payments Distributor chosen by the DAS Administrator. Your Payments Distributor will contact you shortly after your DPP is approved. Your payment must commence within 42 days of your DPP being approved and continue weekly or monthly thereafter.
Please note that the level of your payment may be subject to change as a result of increases in your income or any other change of circumstances. Every 12 months I will send you a Current Status Report, which you must complete and return. From the information you declare on the Report, I will assess the level of your payment.
You will also pay an ‘advice & set up fee’, equal to one monthly payment of your disposable income. This fee is due to be paid before your DPP is proposed to creditors. A monthly management fee is also payable, the level of your fee is subject to the number of debts you have and is due to commence one month after your ‘advice and set up fee’ is paid. More information relating to fees can be found in our fees page. You will sign a fee & payment schedule detailing the total sums payable to your DPP prior to your application being made.
It should be noted that when paying the ‘advice and set up fee’ the payment is retained by me in full as a fee for services provided and will mean that you fall into arrears with your creditors prior to entering into the DPP under DAS.
In the event that you fail to maintain the agreed payments and fees, without good reason and subject to certain conditions, it is likely that your DPP will be revoked. If the DPP is revoked then each creditor can pursue you for the remaining balance outstanding on their debt. You will also be made liable for all interest, fees, penalties and other charges that would have been payable had the DPP not been approved. It is therefore very important that you maintain the expected payments and fees into your DPP.
Entering into a DPP under DAS stops your unsecured creditors from taking legal action to recover their debts; this includes any legal action involving your assets. Your DPP could be subject to a discretionary condition that involves selling an asset, however, your home and all essential assets are specifically excepted from being included in a discretionary condition.
Regardless of entering into a DPP under DAS, your house and any secured asset may be at risk if you do not maintain your mortgage, hire purchase payments or repayments of a secured loan. Failure to do so could result in the secured creditor taking steps to repossess the asset.
Your credit rating:
It is likely that entering into a DPP under DAS will have an adverse effect on your credit rating.
Photo ID & proof of address:
Prior to making an application for a DPP under DAS, you must forward either a copy of a photographic driving licence or your passport as proof of your identity. If your driving licence does not show your current address then please forward a copy of a utility or other household bill. This is a requirement by law.
Conflict of interest:
Prior to making an application for a DPP under DAS, you must confirm that you have not had a prior business or personal relationship, with me or with Simple Financial Solutions Ltd.
Treating the customer fairly:
A member of the team at SFS will contact you periodically throughout the term of your DPP to discuss your experience as part of our ongoing commitment to customer service and treating the customer fairly. You will also be asked to complete customer feedback questionnaires and are encouraged to communicate your experience of our service and to provide feedback on where we have performed well and where our service could be improved.
Data Protection Act (DPA):
All information we obtain from you will be held subject to the DPA 1998 and will be used solely for the purposes of administering your DPP under DAS.
Hard copy documentation provided to me before and during the course of your DPP will be scanned and saved electronically. The documentation will then be returned to you or if you do not wish the documentation to be returned it will be disposed of via confidential waste.
If you choose to apply for a DPP under DAS then until it is concluded you must continue to co-operate with your money adviser and provide any information he may require regarding your financial affairs. Your money adviser will deal with all correspondence promptly and in a professional manner. Additionally, you will be kept informed of all important developments with regards to your DPP application and approval process. Thereafter, you will be contacted periodically throughout the period of your DPP.
DAS Administrator & use of personal information:
Any personal information provided to the DAS Administrator will be used to discharge their statutory functions under the Debt Arrangement and Attachment (Scotland) Act 2002 and other relevant legislation. This includes placing your details on the DAS register, which is a public register that anyone can access free of charge. Personal information will not be disclosed to third parties except as provided by legislation.
Should you have any cause to complain about any aspect of your DPP, please view the DAS complaints procedure on this website. Alternatively, you can request a copy of our complaints procedure by contacting our office. Needless to say, we hope that such a situation will never arise.
Cooling-off period / Right to cancel:
You have the right to change your mind and cancel your DPP application at any time during the first 14 days (inclusive of weekends and public holidays) commencing the day after we receive your signed Terms of Engagement and your mandate of authority. If you cancel within this cooling-off period you will be entitled to a full refund of any payments you have made and the DPP application will be cancelled. You can cancel the DPP application outside of the cooling-off period up until it is proposed to the creditors but you will not be entitled to a refund of any fees paid to date. To cancel your DPP application, you must write to your money adviser by letter, fax or email.
You must provide proof that you reside in Scotland before we can proceed with an application for a DPP under DAS. The terms of your DPP will be governed by the Law of Scotland.