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PART 7VARIATION OF DEBT PAYMENT PROGRAMMES

Application for variation

36.—(1) An application to the DAS Administrator for variation of a debt payment programme may be made by—

(a)a debtor or a money adviser on behalf of the debtor; or

(b)subject to paragraph (2), a creditor.

(2) A creditor may not apply for a variation unless the creditor has first made a reasonable attempt to agree the variation with the debtor.

(3) An application under paragraph (1) must be made—

(a)by the debtor in writing; or

(b)by a money adviser or by a creditor in form 4.

(4) Where an application has been made under paragraph (1), the DAS Administrator is to intimate the application to—

(a)the debtor;

(b)the payments distributor;

(c)each creditor taking part in the programme; and

(d)any continuing money adviser for that debtor.

(5) In paragraph (1), “an application” in relation to a joint debt payment programme refers to an application made by both debtors jointly.