Appeal an AiB decision

If you disagree with an AiB decision you can appeal. This is called a 'review’. This applies to decisions about:

• bankruptcy
• DAS

If you disagree with a decision about a trust deed you can appeal to your local Sheriff Court. Your insolvency practitioner or AiB can tell you how to do this.

What you can appeal

You can appeal AiB decisions such as:

• rejecting your application
• rejecting your application to change your DAS or take a payment break
• rejecting your application for approval for credit over £2,000
• cancelling your bankruptcy, DAS or Moratorium

You need to ask for a review within 2 weeks of the date of the decision. 

Understanding reasons for the decision

Check any letters from AiB for the reasons for their decision. Make sure you understand the reasons before you ask for a review.

This will help you explain why you disagree.

You can also ask your money adviser to explain the decision and help you decide whether to ask for a review. They can ask for a review on your behalf.

How to ask for a review

You or your money adviser can ask for a review either:

• by writing to AiB – you can use the review template included with your decision letter
• online through eDEN (DAS only)

Post the review template to:

Review Team
Accountant in Bankruptcy
1 Pennyburn Road
Kilwinning Ayrshire
KA13 6SA

Or email it to opc@aib.gov.uk

What you need to provide

You need to provide:

• your reference number (you'll find this on any AiB letter)
• your full name and address
• an explanation of what part of the decision you feel is wrong and why

You can include evidence to support your reasons, like bank statements or payslips.

You should mark any sensitive or private evidence, like medical information, as 'confidential'.

Only the AiB review team will see this information.

What happens next

Someone at AiB who was not involved in the original decision will review the appeal (a ‘Reviewing Officer’).

After they’ve reviewed it, you’ll get a letter telling you whether they’ve changed the decision and why. 

You should get the letter after 4 weeks.

If you disagree with the outcome of the review

You can appeal to the Sheriff Court if you think the review decision is wrong.

You need to appeal within 2 weeks of the date of your review decision.

You need to use a court procedure called Summary Application. There’s more information about Summary Application on the Scottish Courts and Tribunals website.

You can only appeal on a ‘point of law’. This means that you think the Reviewing Officer did not apply the law properly when they made the decision.

The law that applies

• Bankruptcy (Scotland) Act 2016 
• The Debt Arrangement Scheme (Scotland) Regulations 2011

Where to get further help

You can get advice from a solicitor if you want to appeal.

Find out more about using a solicitor.