Sequestration (Bankruptcy) is a legal order which shows your creditors that you are unable to meet the repayments to pay back the money you owe. Sequestration allows you to pay back what you can afford over a period of 48 months. During this time, assets which are not excluded will be sold by your trustee in order to cover the costs of Sequestration and your debts.
Sequestration prevents your creditors from pursuing you for payments or seeking legal action against you. All repayments towards your debts will be made via the Sequestration and you will no longer make direct payments.
What is the criteria?
To qualify for Sequestration, you will need to meet the criteria set out below:
- Owe total debt of £1,500 or more
- Live in Scotland, and have lived in Scotland for more than six months
- Not been made bankrupt within the past five years
- Pay an application fee of £200
Minimal Asset Process (MAP)
To qualify for MAP, you have to meet the conditions that are set out for the Minimal Asset Process (MAP). To qualify you must:
- Owe between £1,500 and £17,000 to your creditors
- Not own any land or property
- Not own a single asset worth more than £1,000
- Live in Scotland, and have lived in Scotland for the last year
- Not been made bankrupt within the past year
- Be only receiving benefits for a minimum of six months or have no surplus income
What does the service cost?
The fee for MAP is £90. If you apply for MAP and do not meet the conditions, there will be a further charge of £110. Your monthly repayments will vary depending on your affordability and will be discussed and agreed with you beforehand.
All debt solutions should be very carefully considered. Fees will be charged if a solution is taken in order for us to set up your plan and maintain it – all fees will be outlined during your consultation. Retained payment may place you further into arrears. You have the right to a cooling off period of 14 days. It is likely that your ability to obtain further credit in the short term will be affected and this may also be the case over the medium to long term.Check to see if you qualify
For further information on debt solutions and their effects, AIB has produced a debtor’s guide available here.
There is free debt help and advice available through a variety of debt charities. For more information, we recommend you visit http://www.moneyadvicescotland.org.uk/
Contact Debt Advisory Service
For more information on Sequestration in Scotland, please contact us for debt advice today on 0808 301 9527 or simply fill out our Debt Advice Enquiry Form.