The first step is often the hardest, but it’s really worth it. Asking for help can be daunting, particularly for many people who have reached a crisis point before calling to book an appointment.
Find your local debt help in Scotland
Enter your postcode below to find a CAP debt centre near you.
Find your local CAP Debt Help
Going debt free was the best feeling in the world!
Pete from Inverness, now debt free
Debt help options in Scotland
There are many different routes to get out of debt if you live in Scotland. We’ll help you understand your options and choose the best route for you to become debt free.
Once you’ve found a debt centre near you and called our friendly New Enquiries Team, we’ll help you find the best debt solution for you.
Debt Management Plan
Many people choose to repay their debts over time, with CAP’s help. We can set up payment arrangements with your creditors and distribute the payment that you make each month.
Bankruptcy (Sequestration in Scotland)
This legal process results in your debts being written off. CAP will explain the consequences of bankruptcy and give you advice about your particular situation.
Minimal Asset Process (MAP)
This is a version of bankruptcy, typically for those receiving benefits or lower incomes, with relatively small amounts of debt. CAP will check that you qualify for this before helping you with the application and submitting it for you.
Protected Trust Deed
This is a legally binding agreement between you and your creditors. You make regular payments for a fixed time, after which your remaining debts will be written off. CAP can check if this is a suitable option and find an appropriate agency to create this for you.
Debt Arrangement Scheme (DAS)
CAP can help you apply for a debt payment plan under a DAS. This scheme is set up by the Scottish Government to allow you to repay your debts with a single monthly payment. It also stops creditors from taking further action against you.
Full and Final Settlements
If you have a lump sum of money, this could be used to make full and final settlement offers to your creditors.
Find your local CAP Debt Help
Answering your Scotland debt help questions
Yes, English creditors can pursue a client who has moved to Scotland but there are steps they have to take in order to do so.
To initiate the enforcement process, the creditor must make an application to the appropriate court in Scotland. In most cases, this will be the Sheriff Court, which has jurisdiction over civil matters in Scotland. The application should include a copy of the CCJ obtained in England, along with any supporting documentation.
Enforcement officers (bailiffs) are known as sheriff officers in Scotland.
Sheriff officers may come to your home to enforce a debt, but they must follow certain rules. They can only enter your home if the court has given them permission that they can. You can ask the sheriff officer for the documentation which says they can enter, as well as their ID.
Citizens Advice Scotland has more detailed information about the powers of sheriff officers and when they can enter your home, evict and take possessions.
You may be eligible for a moratorium, giving you temporary protection from the creditors you owe money to, but it’s important to remember that a moratorium would only work before sheriff officers have been assigned.
In Scotland, there are two main routes creditors can take to get a judgment against an unpaid debt:
The Simple Procedure (for claims under £5000.
Ordinary Cause (The Ordinary Cause procedure is used by the Sheriff Court in Scotland for claims over £5,000, with a maximum amount of £100,000).
Debt in Scotland is a civil court issue, but you could be taken to Scotland’s supreme civil court if your debts are worth more than £100,000.
For debts like credit cards or loans (regulated by the Consumer Credit Act), the creditor must follow these steps before starting court action:
Send a default notice
Give you at least 14 days to reply
If a creditor takes action, the court will send you formal paperwork:
Under £5,000: A simple procedure notice of claim (form 6A).
The notice must include:
The claim form
A response form
A copy of the timetable of the claim
A Time to Pay application
Over £5,000: The creditor must raise an ‘initial writ’. The writ should include:
A Notice of Intention to Defend
A Time to Pay application
You won’t go to jail for failing to pay. You face serious consequences only if you ignore a formal court order compelling you to appear, or if you commit fraud. Always respond immediately to court paperwork to avoid escalation.
Alternative Dispute Resolution (ADR) is a mediation service that helps you and your creditors come to a settlement agreement. It can be used before Simple Procedure and Ordinary Cause claims go to court.
You may be able to avoid going through court if you can both come to an agreement.
ADR is often used because:
It costs less for creditors
It can help you and your creditors maintain your relationship
It can help solve the issue quickly as you are both on neutral terms with a mediator
If ADR cannot help the situation, your creditor can continue with their claim against you.
‘Once I made that phone call, my life completely changed’
Watch the video below to hear how we helped Susan from Midlothian.
More ways to get help with your money
Check if you’re eligible for free grants
You might be able to apply for a grant from a charity or grant-giving organisation that you don’t have to pay back.
Download our free budget worksheet
Whether you’re struggling with problem debt or not, creating a budget is the first step to taking control of your finances.
Find out how to create a budget and download our free worksheet
Other services we offer in Scotland
Not only can we help you with your debts, but we can also support you to find work, manage your money and thrive for the future.
Need help finding a job you’ll love?
Explore our free job clubs
Looking to manage your money and learn budgeting skills?
Explore our free money coaching workshops
