If a party involved in a debt payment programme does not agree with a decision by the DAS Administrator to approve, reject, vary or revoke that programme they can ask for a review of the decision to the DAS Administrator’s independent Review Team. This request must be made on any ground that would be raised in an appeal to a sheriff.
Review requests and appeals can be made by:
- A debtor
- A money adviser acting on behalf of a debtor
- A creditor in the programme
- A creditor who is not in the programme but has applied for a variation
A request for review must be made within 14 days from the date of the decision letter issued by the DAS Administrator. The review request must set out the grounds for review and which DAS regulation has been incorrectly applied.
A request can be made on eDEN or an application form should be completed and returned to :
Accountant in Bankruptcy
1 Pennyburn Road
or emailed to firstname.lastname@example.org.
If any party does not agree with the review decision they may submit an appeal to the sheriff at the appropriate sheriff court within 14 days of the Review Team decision. The appeal must be made on a point of law, so the individual should consider taking legal advice before proceeding. The appeal should be made by summary application. The decision of the sheriff is final.