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armcm

Conflicting information re DAS

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Hi

 

I am trying to find a solution to my debts at the moment. I owe about 5,000 in total, all on unsecured debt.

 

I have been in contact with an insolvency practitioner with a view to setting up a Debt Arrangement Scheme. However, as I am not working at the moment, I had to include a note from my husband basically stating that he was happy to contribute the monthly amount out of his wages. So far, so good.

 

After I returned all the relevant paperwork, they called to say that having reviewed my circumstances they would advise me to go for a LILA sequestration due to my not working at the moment,but that I could still go ahead with the DAS if I wanted to. I decided to look into LILA upon their advice. After looking into it, it is not really a road I want to go down, it seems far too severe an option for a relatively low amount of debt.

 

I contacted Stepchange today, and am waiting for a call back from an advisor (next week), as the person I spoke to wasn't trained in procedures in Scotland. They did say however that a DAS can't be set up if it is being paid out of my husband's income. Does anyone know if this is the case? I really don't want to go down the LILA route, especially as I hope to be working again in the foreseeable future, but if I can't set up a DAS I don't know if there is any other option. I haven't gone back to the insolvency practitioner I was dealing with as they charge a fee for setting up the DAS and I would rather the full amount go to my creditors.

 

Any info would be appreciated.

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I can see no reason why you cant set up a DAS from you husband's income, I have personally seen them with family contributions. In addition, I don't understand why you would deal with a fee paying company when the free advice agencies set up the scheme with no charges whatsoever. For information regarding your nearest Free DAS advice agency visit Money Scotland .Gov.uk.

 

 

There is no specific question about wher the income comes from.

 

Who can apply for a DPP

 

10 To be eligible to apply for a DPP, a client must:-

11 The guidance issued to advisers by the AiB says that habitual residence for the purposes of DPPs is difficult to define. It excludes anyone living temporarily in Scotland.

12 A reasonable period of time is determined by the AiB when applying the fair and reasonable test to an application. A programme which exceeds ten years is unlikely to be approved by the DAS Administrator, unless all the creditors consent.

 

In addition if you are a homeowner or have assets over £1000 or a car valued over £3000.00, don't touch LILA or Trust Deed with a bargepole.

I hope this information is of assistance

Edited by Crocdoc

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As croc says goc for the free advisory services as the one above,or national,debt line Scotland


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