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Debt Advice Handbook Scotland 1st ed - with new material

How to apply

• Joint liability
• The process
• Forms

A client can apply by making the relevant application to the court, either by returning the TTPD in the application/summons/writ or by making the application in person at the court hearing.

When considering an application, the court, ‘where it is satisfied that it is reasonable in all the circumstances to do so’, may grant a TTPD.

It can also take into account:1s1(1A) D(S)A 1987

•the nature of and reasons for the debt in relation to which decree is granted;
•any action taken by the creditor to assist the client in paying that debt;
•the client’s financial position;
•the reasonableness of any proposal by the client to pay that debt;
•the reasonableness of any refusal by the creditor of, or any objection by the creditor to, any proposal by the client to pay that debt.

The client and/or the adviser should attend court when making the application.

 

1     s1(1A) D(S)A 1987 »

Joint liability

Where the debt is joint and several, an application by one party does not prevent the creditor from taking action against the other party, but only to the effect of their pro rata share of the debt.

Therefore, both parties should apply if the debt is jointly owned.

The process

There are different processes for different court actions, but, generally, where an application for a TTPD has been made in response to a court application by the creditor, there is a form attached to the summons that allows the client to apply for a TTPD. If the client fills this in and returns it to the court, the creditor will be asked whether they agree to the application for time to pay.

•Where they agree, the case does not need to call in court and the time to pay is granted.
•Where the creditor does not agree, a court hearing is arranged, and the sheriff decides.

Forms

Forms for a TTPD are sent with the claim form.

If the client has any questions, they can approach the sheriff clerk or staff at the First-tier Tribunal (Housing and Property Chamber) for help.1s96(2) D(S)A 1987 Sheriff clerks (and equivalents) can give advice on the proceedings and help the client complete and apply for time to pay applications.

 

1     s96(2) D(S)A 1987 »