Time orders

If the debtor is finding it difficult to meet the scheduled payments in a “regulated” consumer credit agreement, Section 129 of the Consumer Credit Act 1974 allows for the application of a Time Order. This is a way of asking the court to allow more time to make payments under the agreement. 

Time orders can be applied for before, during and after court action but the simplest way to apply is to use the form that is contained in the summons.

An application for a time order cannot be granted if a Time to Pay Direction (TTPD) or Order has already been granted (in terms of the Debtors (Scotland) Act 1987) in relation to the same debt.

There have been very few time orders awarded in Scotland and if the debt is not secured or hire purchase it may be better to use a TTPD.