If a party involved in a DAS debt payment programme does not agree with a decision by the DAS Administrator to approve, reject, vary or revoke that programme, they can apply to the DAS Administrator for a review of the decision. This request must be made on any ground that would be raised in an appeal to a sheriff.
If any party does not agree with the review decision, they may submit an appeal to the sheriff at the appropriate sheriff court. The appeal must be made on a point of law, so the individual should consider taking legal advice before proceeding.
Review requests and appeals can be made by:
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
An individual must submit a request for review to the DAS Administrator within 14 days from the date on the letter from the DAS Administrator with notification of the decision. The review request must set out the grounds for review and which DAS regulation has been incorrectly applied.
An application for DAS review form must be completed and returned to the:
Accountant in Bankruptcy
1 Pennyburn Road
If the individual subsequently does not agree with the review decision, they may register their appeal with the sheriff within 14 days of the DAS Administrator's decision. The appeal should be made by summary application.
The decision of the sheriff is final.