Terms and Conditions
The agreement will be between the applicant (the ‘Client’) and spouse/partner (if appropriate) and
Debt Advisory Services (Scotland) Limited whose address is 110A Maxwell Avenue,
Westerton, Bearsden, Glasgow, G61 1HU
You should read these Terms & Conditions carefully to make sure that you fully understand them. If there is anything you do not understand you should seek advice. When you sign these terms of business, you are agreeing to be bound by them.
To enable us to proceed with your TD application, you need to sign both copies of our terms and conditions, return one signed copy to us and retain the other for your files.
The contract between you and us will commence on the day we receive your returned signed copy of our terms and conditions.
The agreement between you and us is made on the following terms and conditions:
Following our initial review service, you have decided that a Trust Deed is the most suitable option for you at this time to help you deal with your current financial situation.
Definition of Terms
‘We, us’ means Debt Advisory Services (Scotland) Limited.
‘You’ means the person or persons whose names are listed below.
‘Creditors’ means all the organisations or people (or both) you have told us you owe money to.
‘Administration Payment’ means the amount you will pay to us in order for us to commence the TD Service and being an amount equal to your first two monthly contributions to your PTD. In certain circumstances this administration fee may be either reduced or waived. Our administration fee is used to cover our costs in liaising with your creditors and preparing your case for submission to our carefully selected independent insolvency practitioners.
Our Obligations to You
- Once we have received your signed copy of our terms and conditions we will commence preparing your case
- We are unable to provide our service to you unless; you have signed and returned a copy of our terms of business and provided us with any required supporting documentation.
- We will write to your creditors for an up to date position on your accounts. We will require a signed letter of authority from you which authorises your creditors to provide us with the information that we require.
- We will arrange a survey of your property (homeowners only) to establish if there is any equity.
- We will, once we have fully prepared your case introduce you to one of our carefully selected, qualified Insolvency Practitioners who will then be responsible for liaising with you and your creditors.
- Should your TD Proposal not be accepted by your creditors, the Insolvency Practitioner may recommend alternative solutions to deal with your debts. Debt Advisory Services (Scotland) Limited is not responsible and shall not be held liable for any decisions or agreements made between you and the Insolvency Practitioner.
Your Obligation to Us
- You must provide us with full, accurate and honest details of your net income, outgoings, creditors and dependants You must also provide us with details of any outstanding judgements against you or any actual or threatened court proceedings together with any other relevant information that we may require.
- You must send us originals or copies of all correspondence you receive from your creditors so that we can deal with them on your behalf. Your correspondence will be scanned and stored by us as an electronic image or kept on file.
- You must provide us with the required information and identification documentation to satisfy our Anti-Money Laundering procedures prior to signing the Trust Deed application.
- You must tell us if your personal or financial circumstances change prior to making you TD application
- You agree not to enter any negotiations with your creditors or to apply for any further credit facilities.
- By signing our terms and conditions, you are authorising us to liaise and exchange your personal information with your insolvency practitioner and creditors or authorised agents.
- You fully accept that if you provide any misleading or inaccurate information, your Trust Deed proposal will be rejected and could result in criminal proceedings being taken against you.
Services We do not Provide
- We do not lend money or provide any credit facilities.
- We do not provide legal advice.
Termination of the Agreement
- You may terminate this agreement at any time before signing your TD application.
- Should your TD application fail and either we or the insolvency practitioner is unable to offer you an alternative solution, we will refund any administration fees paid to us by you.
- We agree to keep all information received from or about you confidential. We will not pass this information to anyone else other than your Insolvency Practitioner or your creditors without your permission, except in line with our Data Protection Statement noted below.
- If you have opted to receive information from us by text messaging or email, You are responsible for the security of your mobile telephone or personal computer and you must take all reasonable precautions to prevent anyone else from accessing your information, including using all security features available to you and for informing us immediately if your mobile or personal computer is lost or stolen, your number or email address changes or if you suspect someone may have access to the information We send You.
Data Protection Statement
- Please read this statement carefully as it explains what personal information We collect about You and how We use this information.
- We collect personal information about you both directly from you when you apply for our services and from your Creditors as authorised by your Letter of Authority
- We will use your personal information to provide our services to You, and in particular to prepare your case for your appointed Insolvency Practitioner.
- We may also use your personal information to contact you with details of other products and services which we think may be of interest to you.
- You may inform us now if You do not want us to use or disclose your personal information as set out above or if you wish to amend the way we communicate with you.
- Other than as set out above, We will only disclose your personal information to the extent required by law, court order or as requested by other government or law enforcement authority, or to any company or other entity to whom we either transfer or subcontract any or all of our obligations to You under this agreement.
- You may contact our Data Protection Officer at our address given above for further information, or if you want to request a copy of the personal information which we hold about you or to ask us to amend any inaccurate information held by us.
- Please note that we may record and monitor your telephone calls to us to help improve our service.
- All fees are exclusive of any applicable value added tax (VAT)
- These Terms & Conditions set out the entire agreement and understanding between you and us and supersedes all prior agreements, understandings or arrangements (whether written or oral) in relation to the provision of services.
- You acknowledge that You have entered into this Agreement in reliance only on the representations, warranties and promises specifically contained or incorporated in this Agreement and, except as expressly set out in the Agreement, We shall have no liability in respect of any other representation, warranty or promise made prior to the start of this Agreement unless it was made fraudulently.
- We shall not be deemed in breach of this Agreement or otherwise liable to you if we are prevented or hindered from performing our obligations under this Agreement by reason of any event beyond our reasonable control.