Time To Pay Directions & Orders Flashcards
What act governs time to pay directions and orders?
Debtors (Scotland) Act 1987
What is the difference between a time to pay direction and time to pay order?
TTP Direction can only be applied for prior to the granting of a decree and TTP Order can only be applied for after a decree has been granted.
Name 3 scenarios where a time to pay direction is not available.
Sum greater than £25,000
In connection with a maintenance order
Contains award of a capital sum on divorce
In respect of tax
In relation to car tax
In relation to payment of rates or regional/island council tax
While a time to pay direction is in effect, what cannot be done?
Serve a charge for payment
or
Commence or execute a;
An arrestment and action of forthcoming or sale
An attachment
An earnings arrestment
A money attachment
While a time to pay direction is in effect, what diligence can remain in effect?
An arrestment on the dependence or an interim attachment as long as they haven’t been recalled or restricted.
When a debtor has defaulted on a time to pay direction, when does the decree become enforceable in relation to
1- monthly instalments
2 - deferred lump sum
1 - if no less than 2 instalments are due on the day when an installment payable is due, the direction ceases to have effect.
2 - at the end of a period of 24hrs which the last payment is due and part of the debt remains outstanding, the direction ceases to have effect.
When can the debtor apply for a time order?
When a charge for payment or arrestment has been executed.
When is a time to pay order not available?
When debt is more than £25,000
When in relation to the debt, a time to pay direction or time order has previously be made.
In respect of tax
In relation to car tax
What can’t be done while a time to pay order is in effect?
Serve a charge for payment
or
Execute or commence;
An arrestment or action of forthcoming or sale
An attachment
An earnings arrestment
A money attachment
