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sequestration & lila

Sequestration is quite simply a Scottish version of bankruptcy. It will enable you to write off 100% of your debts in most cases.

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How Does a Sequestration Work?

As with Bankruptcy, in order to qualify, your unsecured debts would have to have a greater value than any assets you own. Assets include but are not limited to such things as property or a vehicle.

There are some criteria you would have to meet in order to qualify for a Sequestration, a list of which you can find below:

• You must be able to afford the application fee of £100

• You can’t have been made bankrupt in the last 5 years

• You must owe more that £1,500 in unsecured debts

• And of course, you must either be living in Scotland of have been a Scottish resident in the last 12 months

As like a UK bankruptcy a Sequestration lasts for around 1 year. No bankrupt is allowed to borrow any further money and any changes to your financial circumstances must be reported to the Accountants in Bankruptcy during that time. If you own assets of any significant value, you may be required to liquidate these but you won’t be made to sell anything you rely on for day to day living.

In most instances you will only be able to apply for a sequestration if one of the following has happened:

• A creditor has obtained a decree and has had a `charge for payment’ served on you and the 14 days allowed for payment have expired without making payment

• A creditor has obtained a `summary warrant’ against you for the recovery of rates or taxes and your goods have been subject to an attachment or an exceptional attachment order and 14 days have passed after the attachment without payment being made

LILA (Low Income Low Assets)

If for any reason you don’t meet the criteria of a Sequestration you may be able to apply for a LILA. Again there are criteria that you would have to meet and we have outlined this below:

• You must not own one single asset with a value greater than £1000

• The value of all you assets can be no more than £10,000

• You can’t own a house or any other type of property

• You must not own any land

• Finally, your income can’t be greater than £237.20 a week. This is based on the national minimum wage for a forty hour working week

Is Sequestration or LILA the best debt solution for me?

Without speaking to an expert debt advisor it is impossible to say. There are so many different perimeters and it is very much approached on a case by case basis. We would suggest you give us call and get the right advice at this crucial time in your life. You can call us on 0800 988 3359 or simply complete our Debt Advice Form and we will call you back at a time that suits you.

Can I get help with my Sequestration?

The simple answer is yes. We can complete your application and all of the necessary forms on your behalf. We will also provide you with on-going support even after you have been made bankrupt. All fees charged for this service are worked out based in the complexity of your bankruptcy. For more information please call us on:

freephone 0800 988 3359

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Information About Our Service & Fees

Although a large percentage of debt management cases result in interest & charges being frozen, it can’t be guaranteed. All initial advice is provided free of charge & there is no obligation to use one of the debt solutions we recommend. If, however a debt solution is taken out, please be aware that fees will be charged – please read a full breakdown of our Terms of Business. We understand that charging fees to help you become debt free is not ideal, but we feel without charging a fee we would not be able to provide you with a quality service that will help you become debt free. We closely monitor other debt advice companies to ensure we remain one of the cheapest companies in the UK.

Please be aware that a debt solution may lead to an increase in the size of the sum to be repaid and may impair your credit rating and your ability to obtain credit in the future. You may be charged a fee if you decide to proceed with a debt solution. You should discuss any further fees or charges with the debt advisor that you are referred to. If you fail to maintain payments to an IVA you creditor may make you bankrupt. If you are a homeowner you may be asked to release equity in your property in order to repay your debts.

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