| Yes | No | Total |
Q4A.1 Should creditors be offered the option, on lodging their summons, of paying an additional nominal fee to receive, by post, details of any TTPD offer for payment made by the debtor and the debtor's financial circumstances? | | | |
Respondents: | | | |
Academic Bodies | | | |
Advice Sector | 7 | 1 | 8 |
Financial and Business Sector | 2 | | 2 |
Legal Sector | 8 | 5 | 13 |
Local Authorities | 11 | 2 | 13 |
Members of the public | | | |
Other | | | |
The Scottish Executive | 1 | 1 | 2 |
UK Government | | | |
Total | 29 | 9 | 38 |
Q4A.2 Should application forms for TTPDs be revised to enable debtors to provide more detailed financial information about their financial position? | Yes | No | Total |
Respondents: | | | |
Academic Bodies | | | |
Advice Sector | 8 | | 8 |
Financial and Business Sector | 2 | | 2 |
Legal Sector | 12 | 1 | 13 |
Local Authorities | 11 | | 11 |
Members of the public | | | |
Other | | | |
The Scottish Executive | 2 | | 2 |
UK Government | | | |
Total | 35 | 1 | 36 |
Q4A.3(a) Should the rules relating to TTPDs be revised to require acceptance to be notified several days prior to the hearing? | Yes | No | Total |
Respondents: | | | |
Academic Bodies | | | |
Advice Sector | 7 | | 7 |
Financial and Business Sector | 2 | | 2 |
Legal Sector | 9 | 3 | 12 |
Local Authorities | 8 | 3 | 11 |
Members of the public | | | |
Other | | | |
The Scottish Executive | 1 | | 1 |
UK Government | | | |
Total | 27 | 6 | 33 |
Q4A.3(b) If so, what period would be appropriate? | Textual response |
Q4A.4 (a) Should statutory guidance be introduced to specify the factors which ought to be taken into consideration by the Sheriff in disposing of TTDP and TTPO applications? | Yes | No | Total |
Respondents: | | | |
Academic Bodies | | | |
Advice Sector | 8 | | 8 |
Financial and Business Sector | 2 | | 2 |
Legal Sector | 10 | 3 | 13 |
Local Authorities | 12 | 1 | 13 |
Members of the public | | | |
Other | | | |
The Scottish Executive | 1 | | 1 |
UK Government | | | |
Total | 33 | 4 | 37 |
Q4A.4 (b) If so, should any other factors than those mentioned be taken into account? | Yes | No | Total |
Respondents: | | | |
Academic Bodies | | | |
Advice Sector | 6 | 1 | 7 |
Financial and Business Sector | 2 | | 2 |
Legal Sector | 8 | 1 | 9 |
Local Authorities | 10 | 2 | 12 |
Members of the public | | | |
Other | | | |
The Scottish Executive | | | |
UK Government | | | |
Total | 26 | 4 | 30 |
Q4A.5 Should a charge for payment served on a debtor who is eligible to apply for a TTPO, and other documents served or intimated to the debtor during the course of diligence, be accompanied by a note explaining TTPOs and an application form for an order? | Yes | No | Total |
Respondents: | | | |
Academic Bodies | | | |
Advice Sector | 7 | | 7 |
Financial and Business Sector | 2 | | 2 |
Legal Sector | 11 | 1 | 12 |
Local Authorities | 13 | | 13 |
Members of the public | | | |
Other | | | |
The Scottish Executive | 1 | | 1 |
UK Government | | | |
Total | 34 | 1 | 35 |
Q4A.6 Should the absolute rule against the granting of a TTPO to a debtor who has already enjoyed the protection of a TTPD be retained? | Yes | No | Total |
Respondents: | | | |
Academic Bodies | | | |
Advice Sector | | 5 | 5 |
Financial and Business Sector | 1 | 1 | 2 |
Legal Sector | 7 | 5 | 12 |
Local Authorities | 9 | 4 | 13 |
Members of the public | | | |
Other | | | |
The Scottish Executive | 1 | | 1 |
UK Government | | | |
Total | 18 | 15 | 33 |
Q4A.7 Should further information and publicity about TTPDs and TTPOs, be included within the Scottish Civil Enforcement Commission's general information and education strategy? | Yes | No | Total |
Respondents: | | | |
Academic Bodies | | | |
Advice Sector | 6 | | 6 |
Financial and Business Sector | 1 | | 1 |
Legal Sector | 9 | 1 | 10 |
Local Authorities | 12 | 1 | 13 |
Members of the public | | | |
Other | | | |
The Scottish Executive | 1 | | 1 |
UK Government | | | |
Total | 29 | 2 | 31 |
Q4A.8 Should the rules regarding representation in applications for time to pay arrangements be the same under the 1987 and 1974 Acts? | Yes | No | Total |
Respondents: | | | |
Academic Bodies | | | |
Advice Sector | 6 | | 6 |
Financial and Business Sector | 1 | 1 | 2 |
Legal Sector | 10 | 1 | 11 |
Local Authorities | 12 | | 12 |
Members of the public | | | |
Other | | | |
The Scottish Executive | 1 | | 1 |
UK Government | | | |
Total | 30 | 2 | 32 |
Q4A. 9 Should similar protections in the 1987 Act, for service by the sheriff clerk of applications for time to pay and lay representation at hearings, be extended to the 1974 Act? | Yes | No | Total |
Respondents: | | | |
Academic Bodies | | | |
Advice Sector | 5 | | 5 |
Financial and Business Sector | 2 | | 2 |
Legal Sector | 11 | | 11 |
Local Authorities | 12 | | 12 |
Members of the public | | | |
Other | | | |
The Scottish Executive | 1 | | 1 |
UK Government | | | |
Total | 31 | 0 | 31 |