TTP Directions & Orders Flashcards
What act governs TTP directions/ orders?
The Debtors (Scotland) Act 1987
What is a TTP direction?
An order granted prior to the granting of a decree allowing a debtor to pay in instalments or in a lump sum on a preferred date
When can a court not make a TTP direction?
Where action is seeking >£25,000
In connection with;
Maintenance orders
HMRC/Tax
Rates/Ctax
Car tax
What is the only form of diligence that can be carried out when a TTP direction/order is in place?
An inhibition
Can you serve a CFP when a TTP direction/order is in place?
No
What effect does a TTP direction have on an arrestment on the dependence?
It remains in effect if it has not been recalled or restricted
When does a TTP direction/order cease to have effect?
If an aggregate of 3 instalment payments is unpaid
If 3 weeks pass the day which the last instalment was due and any amount is outstanding
What is a TTP order?
An order granted after a decree is pronounced allowing the debtor to pay in instalments or in a lump sum on a preferred date
When is a court not competent to make a TTP order?
Where the action seeks >£25,000
Where a TTP direction/order has previously been granted
In relation to any:
Tax due to inland revenue
Car tax
