sheriff officers in scotland URGENT HELP

[council tax]

im being chased for unpaid council tax From when i lived in manchester. i have received a sheriff officers letter saying they will break the locks on my door to get in and take goods to cover the debt.

 

im at my wits end at what to do.

 

what are my rights on this issue?

 

can i get help to write to them before they come back

Edited September 19, 2008 by council tax

[Foxknowe]

They will have a summary warrant which enables them various powers, one of which is a poinding of your effects, but this is not the most common way of recovering their money. The other powers are bank/wage arrestment which are more likely (if they have the information).

 

I would sugest you confront the issue and speak to them, they will be horrible, butif you can come to some "mutual" agreement and stick with it, they should not hastle you therafter.

 

Hope this helps.

[council tax]

They will have a summary warrant which enables them various powers, one of which is a poinding of your effects, but this is not the most common way of recovering their money. The other powers are bank/wage arrestment which are more likely (if they have the information).

 

I would sugest you confront the issue and speak to them, they will be horrible, butif you can come to some "mutual" agreement and stick with it, they should not hastle you therafter.

 

Hope this helps.

 

Its an attachment order they have and they are trying to use the debt arrangment and attachment bill to serve this order even though they got it in an english court.

[Foxknowe]

I am not 100% if there is any difference in the law between Scotland and England, but either way I would suggest contact with them to resolve if it is left knowing them they will try whatever means that will get them money! It is still fairly rare for a possession order to be enforced. Even a visit to local CAB and get them to write on your behalf may work.

[scaniaman]

Foxknowe's idea of CAB is best. However, if it's not too late, you can offer sheriff officers small amounts of money on a regular basis eg. direct debit etc. You MUST keep to this arrangement.If amounts are very small, S/O will not be happy and will remonstrate, but under Scot's law, if you offer to pay off debt, they must accept this. I must stress that any arrangement you make with them MUST be adheared to.

[rory32]

They will have a summary warrant which enables them various powers, one of which is a poinding of your effects,

Poinding was abolished by the 2001 Act - although they are allowed to make attachments of goods which has the same end result. Attachments of household goods can only be made after a second application to the Sheriff for a exceptional attachment order.

 

They must also supply you with a specific date for the attachment in writing.

 

In reality attachment really isn't an effect form of diligence as there is very little they can take and the resale value of second hand goods is very low.

 

Here's a list of items exempt from attachment

Items exempt from "attachment": Beds and bedding, household linen, chairs and settees, tables, food, lights and light fittings, heating appliances, curtains, floor coverings, fridges, articles connected with storing, preparing or eating food, articles for cleaning, mending or pressing clothes, furniture for storing food, clothes, bedding and food or food related equipment, tools for maintenance and repair of house or it's contents, computers and accessories, microwaves, radios, telephones, T.Vs, clothing, tools of trade or articles reasonably required for work, medical aids and equipment, books or other articles necessary for education or training, toys and child related articles.

 

Regarding them breaking in and taking stuff. They simply can't do this.

 

Wage arrestments can only be used if they know where you work. Realistically they will only have them this information if you tell them. You are under no obligation to tell them where you work. Even if they can find out where you work there are strict limits to how much they can take. These limits are set by statute and are dependant on how much you earn.

 

As far as contacting them, do this in writing and insist that all communication is in writing only. Telephone calls can be denied or they can attempt to pressurise you into making payments you can not afford. It would be a good idea to attach a budget showing your income and essential outgoings to show that your offer is a fair one. If you are going to pay them through your bank make sure you set up a SO and not a DD as DD's can be altered by them. SO's can only be altered by you.

 

You may also find the information on this site of interest Debt worries?

[slick132]

Moving your thread to Dealing with Debt in Scotland forum (thanks Rory).

 

[LogyBhoy]

rory , i have a thread in another section regarding stirling park, i was told they can force entry and poind goods that i own even goods i cant prove do not belong to me , i am in the proccess of setting up an agreement with them just now and i am recording all voice calls with them ( which i make them aware of every time they or i call ) do i need to let them in if they call ? what are my rights with sherrif officers in scotland ???

 

Regards Jim........

[IdaInFife]

As advised on your thread a sheriff officer needs an EAO to be able to access you property.

 

What Rory means is they cannot just enter your property when they like and remove items. They have to apply to the court for the EOA but these are very rare