This Handbook is produced:
•as a guide and training aid for new debt advisers;
•as a reference for those who undertake debt advice alongside other sorts of advice work or other professional disciplines – eg, social workers and housing officers;
•for specialist debt advisers as a first step in accessing primary legislation and regulations;
•for managers or purchasers of debt advice services to help understand and evaluate debt advice.
The subjects covered within debt advice are vast and could fill many volumes. In this Handbook, much detail has been deliberately excluded to keep it accessible and to make clear the structure of debt advice work.
Chapters 1 to 3 assist those interested in debt advice, outlining the processes and skills involved. They should be read by new debt advisers and those who have done some debt work and would like to think more about the structure behind their practical experience. These chapters can also be used by those who commission or manage debt advice as a means of clarifying the product with which they are dealing.
Chapter 4 deals with household debt, including council tax arrears.
New advisers should ensure they are familiar with the basic rules on consumer credit (explained in Chapter 5) and can identify each type of credit and other debts contained in other chapters because this is fundamental to using the rest of the Handbook.
If you are already familiar with the debt advice processes, you may wish to use Chapter 6 to help you think about the best strategy for a particular debt. This might include statutory debt solutions such as the Debt Arrangement Scheme, bankruptcy or a protected trust deed.
Money claims in the sheriff court are covered in Chapter 7.
Housing debt, including private rented and social rented sectors, together with mortgage arrears are dealt with in Chapter 8.
Diligence is covered in Chapter 9. It includes sections on earnings arrestment, bank account arrestment, attachment and exceptional attachment.
Chapter 10 covers debt recovery through a deduction from earnings order, direct earnings attachment and third-party deductions.
Time to pay directions and orders are covered in Chapter 11.
Prescription is covered in Chapter 12. It covers both the five-year and the 20-year rules.
If the client is threatened with enforcement (sheriff officers and messengers-at-arms) action, refer to Chapter 13.
Specific debts are dealt with in Chapter 14 (business debts) and Chapter 18 (debt when someone dies). An overview of benefits and other payments in Scotland is in Chapter 19. Chapter 20 looks at court fines.
Chapters 15, 16 and 17 cover mental health, vulnerability and economic abuse.
Details of other useful reference material and organisations can be found in the Appendices.
Amendments, suggestions, mistakes and omissions
This Handbook is a first edition and, as such, forms the basis for ongoing editions which will seek to build on the experience and needs of the debt advice community in Scotland.
The topics covered are vast and at times very complicated. The authors have done their best to be accurate and relevant.
If you come across any text or advice that you think is wrong, confusing or could be added on to, please let us know at webeditor@cpag.org.uk Your contribution will be very welcome and help us improve further editions.