Category: Sheriff Officers

Council Tax Arrears Statistics Released by Citizens Advice

Posted on by Craig Stocks
Over 3,500,000 people in the UK now have council tax arrears debt, with an average of £800 council tax arrears, reports Citizens Advice* Founded in 1939, Citizens Advice is a network of 316 independent charities throughout the UK guided by four principles: A free service, Confidentiality, Impartiality and Independence. The unavoidable debt report published by Benedict Guindi and Tilly Cook of Citizens Advice said that the pandemic and the restrictions put in place to control it, have had a dramatic impact on household finances with many people have been made redundant, furloughed, become too ill to work or have taken time off to care for a loved one. Some groups identified as being most affected by council tax arrears included:
  • 11% of people who were furloughed
  • 33% of people on zero-hour contracts
  • 28% of agency workers
  • 22% of people who were made redundant during the pandemic
  • 16% of people of BAME
  • 22% of people of BAME and with a disability.
  • 17% of parents with children aged 5 or under are behind with council tax arrears debt
  • 20% of people who were told to shield are behind with council tax arrears debt.
  • 14% of people aged 18-29 are behind on their council tax
  • 13% of renters and 5% of homeowners indicated that they had accumulated council tax arrears debt.
As a result of the findings of their data, Citizens Advice said: “On average, the people we help with council tax debt have just £20 left after covering essential living costs to pay off debts. 40% have a negative budget, meaning their income doesn’t cover their living costs. People are often forced to make trade offs between repaying their debts and covering essential living costs. During the pandemic, 17% of people with council tax arrears were unable to afford food in comparison to 3% of the total population.” “Councils should prioritise writing off the debts of those who are struggling the most financially, such as those in receipt of Local Council Tax Support and people receiving benefits. There were existing problems with the way council tax is collected before the pandemic hit. The way the regulations are designed makes it harder for people with council tax arrears to arrange and make repayments. The Ministry for Housing, Communities and Local Government should use secondary legislation to amend the Council Tax (Administration and Enforcement) regulations to:
  • Stop people being liable for their entire annual bill if they miss 1 monthly payment.
  • Make it easier for councils to improve collection by giving them more powers to collect debt in a fair way without getting a liability order first.
  • Set out more steps councils must take before using the court process.
This would ensure that all people in debt are given the option of affordable repayments to get back on track.”
Citizens Advice - Council Tax Arrears Stats
The infographic image above was taken from Citizens Advice unavoidable debt report and remains © of Citizens Advice.

Council Tax Arrears Debt in Scotland

As reported in the Glasgow Herald in early January, Citizens Advice Scotland warned of a potential Council Tax explosion, with CAS financial health spokesman Myles Fitt saying: “Scotland is potentially facing an explosion of council tax debt in 2021. The figures before the pandemic are bad enough, but the real fear is that Covid-19 is going to make matters much worse. Councils across Scotland showed a real empathetic approach to those who found themselves in council tax payment difficulties, and the payment breaks in the first six months of the pandemic were extremely welcome. However, this has led to arrears building up, arrears that will be difficult to meet for the many people who have during that period experienced an income drop due to unemployment or reduced working hours. “For others, this problem is yet to come in 2021 when the economic squeeze on personal finances is felt as the furlough scheme and payment support measures close at the end of April, ironically in the same month the first payments of council tax in the new financial year are due.” CAS is calling on people to make use of the Scottish Government’s council tax reduction scheme which can help reduce future payments. For some people, it can also offer a backdate of up to six months. Contact your local authority for more information. All local authorities should have information on their website including: Glasgow council Edinburgh council Aberdeen city council North Lanarkshire council South Lanarkshire council Highland council East Ayrshire council North Ayrshire council South Ayrshire council Trust Deed Scotland® said “Falling behind on priority debts such as council tax can have the severest of consequences. Council tax arrears enforcement action can escalate quickly when there is non-payment of council tax with Sheriff Officers being used to collect outstanding council tax arrears debt with enforcement action such as wage arrestments being used as a last resort to collect outstanding monies. We’re thankful that Citizens Advice have highlighted these groups that they have identified as being most at risk of developing problems with their council tax and we offer tailored debt advice to anyone who is struggling with unaffordable debts, whether they have council tax arrears debt or other types of unsecured debts such as credit cards and loans. As well as being able to provide formal, statutory solutions such as Protected Trust Deeds and the Debt Arrangement Scheme, we can also provide some breathing space for our clients who need more time to think about the best solution for their problem debt by using a Statutory Moratorium.”

Help with unaffordable debt in Scotland

To find out more about managing your money and getting free advice, visit Money Helper, an independent service set up to help people manage their money. Citizens Advice Scotland (0800 028 1456) can give you free, impartial debt advice alongside other money charities including National Debtline (0808 808 4000). As well as formal debt solutions, The Trust Deed Scotland® team offer debt advice that is… Non-Judgemental – Our friendly, helpful team want to help find a solution that suits your needs. Confidential – We do not share your details with any other companies. Your data is safe and secure. Experienced – [volume] people helped and over [reviews] five-star reviews on Trustpilot. Tailored – Advantages and disadvantages of all formal solutions explained. You can find out more about how we can help you by using our Trust Deed Wizard, or by calling us on 0141 221 0999. Our experienced debt advisers provide tailored debt advice outlining the pros and cons of the Debt Arrangement Scheme and other formal Scottish debt solutions including Protected Trust Deeds and Sequestration. *Citizens Advice commissioned ICM unlimited to conduct a survey of a representative sample of 6,004 adults living in the UK. The survey took place between 12th and 25th November. The sample has been weighted by age, gender, region, social grade, work status and ethnicity to be representative of the UK adult population. The 3.5 million in arrears figure is based of 7% of the population being behind on their council tax bills. Then extrapolating this out to the UK adult population of 52.5 million

What Is Wage Arrestment In Scotland?

Posted on by Craig Stocks

What Is Earnings Wage Arrestment In Scotland?

Wage Arrestment in Scotland is increasingly being used as a tactic to recover debts in Scotland, with unpaid council tax arrears debt being the most common cause of a debt being enforced by way of an attachment of earnings. With the Earnings Arrestment enforcement action type, your employer is instructed by law to deduct money directly from your wages. As part of the ‘diligence’ process – A legal process that allows creditors to collect monies where a court order has been unsuccessful in forcing you to pay. Before a Wage Arrestment can be put in place, you will either have had a decree awarded against you or will have received a summary warrant for the debt you owe. Once an Attachment of Earnings is secured, your employer must deduct an amount from your net earnings over time you get paid. If it’s a council tax debt, his Wage Arrestment deduction will then be passed on to your local authority council to pay off your council tax debt. Although most commonly used for council tax debt, wage arrestment can be used for other debts as well. It is not necessary for the creditor to raise a court action before they serve a Charge for Payment. This is a more typical route for debts that are not regulated by the Consumer Credit Act (such as credit cards and personal loans) using the procedure known as summary diligence. A Wage Arrestment is used to collect a single debt owed to one creditor. Current maintenance arrestment is used to enforce the payment of maintenance, such as that awarded by a court during a divorce settlement.

Multiple Wage Arrestments

A Conjoined Arrestment Order is granted by the court to enforce payment of two or more of the same type of debts. The important thing to remember is that a conjoined arrestment can be used for two or more wage arrestments that are in place at the same time but not for an earnings arrestment and current maintenance arrestment. Technically, it’s possible for the local authority to issue you with an Earnings Arrestment for every year of outstanding debt as they are counted as separate debts. However, the amount taken each month would not increase, but would instead be divided on a pro-rata basis between all debts they are chasing you for. Most Scottish councils tend to do it for one year, and when that debt is paid do it again for the next year. They would normally collect the earlier years first. It may be worthwhile double-checking that the arrestment is legal and that the money is owed. If the creditor has not issued a Debt Advice and Information Pack (DAIP) then the procedures have not been followed correctly and you can argue that the Wage Arrestment is not legal. If you decide to pursue this, seek advice first.

Typical Wage Arrestment Example

The usual process prior to getting a wage arrestment for Council Tax debt typically follows this path:

Reminder

The normal method for paying council tax is in 10 monthly instalments. If you miss a payment, the council should send you a reminder giving you seven days to pay the outstanding amount.

Final Notice

If you fail to pay the missing instalment after a reminder, however, you will lose your right to pay by instalments. At this stage, you will receive a final notice giving you 14 days to pay the whole amount outstanding for the remainder of the financial year. It is still possible with some local authorities in Scotland at this stage to negotiate to pay in instalments if you contact them directly. If you are at this stage, it’s important to act as soon as possible. Your council tax should be treated as a priority debt, alongside other utilities and your mortgage/rent so make sure you do not pay unsecured debts such as credit cards and personal loans ahead of any priority debts. No matter what the credit card lender says, they are always a lesser priority debt to pay but that doesn’t mean you should ignore these debts either. Firstly, try to make reasonable arrangements to pay, Second, if that fails, or you feel your debts are more severe, contact a qualified debt advisor ASAP.

Summary Warrant

If this lump sum is not paid then the council can apply to the sheriff court for a summary warrant. This is a certificate from the sheriff court stating the amount of council tax you owe. You will not have the opportunity to negotiate with the court before one is granted. You will only know about it the summary warrant when you receive notification of it in the post. You do not have to be told that the council is applying for a summary warrant. The summary warrant is issued by Sheriff Officers in Scotland. It will state the amount due and who to contact to arrange to pay this amount. Your payments are no longer made to the local authority but then instead, to the Sheriff Officers. The amount due will have increased as there is an automatic penalty fine of 10% when a summary warrant is issued.

Arranging Repayments

At this stage, you can arrange to repay the money at a rate that is comfortable for you. If you decide to do so make sure you come to an arrangement that you will be able to stick to. Remember, priority bills are more important than non-priority bills e.g. credit card debts. It is better to pay less regularly over a longer period of time than to try to stretch yourself and risk missing payments.

Charge For Payment

A Charge for Payment is a legal document that is served in Scotland by Sheriff Officers and Messenger at Arms. They are served to formally demand payment of money and give only 14 days to make payment. If the Charge for Payment is not complied with there are severe consequences. An earning arrestment as discussed, or bank account arrestment. Or an attachment of property held on your home or other assets such as a vehicle. The most common property to be attached by Sheriff Officers are cars, however, they can attach most items that are kept outside the home or business property. Even if it is kept in business premises, garden shed. A Charge for Payment doesn’t need to be served to execute an inhibition. An Inhibition in Scotland is another form of diligence, which makes it a formal, legal debt recovery tool. It allows a creditor to stop you from selling your home, or re-mortgaging without paying them. It doesn’t give them the right to force the sale of your home. This is the typical process that local authorities will pursue to enforce their outstanding Council Tax debt, but remember this can be used for other types of debts. Parking fines are another example of a creditor that uses this enforcement type. A Charge for Payment can quickly escalate e.g. an unpaid bus lane contravention fine debt can go from a manageable £90 to almost double with a fee of £81.16 added; the same debt then becomes £171.16. This fee cannot be removed thereafter.

How Much Of My Wages Can Be Arrested?

There are rules about how much money can be taken from your wages in Scotland, and also procedures in place to govern what happens if more than one creditor tries to arrest your wages. The earning arrestment amount taken from your wages depends on how much you earn. In April 2019, the protected minimum balance increased from £494.01 to £529.90. The exact amount that will be reduced from your debt can be found here. Any payments for commission, bonuses or statutory sick pay will be considered as part of your wages.

How Will My Employer React To My Wage Arrestment?

It is your employer’s legal duty to deduct whatever the courts insist on from your wages. If an employer fails to arrest your wages once lawfully instructed by a Sheriff Officer, they can be held liable to the creditor for the amount that they should have taken off your wages. Furthermore, they too can then be taken to court themselves and ordered to pay the amount they should have or become subject to the Sheriff Officers themselves. For this reason, employers must arrest your wages when told to do so. Your employer can also deduct a £1.00 administration fee every time the money is taken from your salary. Wage arrestment can be uncomfortable for you at work but it is not likely to be more than that, other than an increased administrative burden for your payroll team. However, you may, as a condition of your employment, have a clause in your contract that states that wages arrestment is a matter for which you should be disciplined. This may more likely be the case if, for example, you work in the financial sector. An Earnings Arrestment Order may be considered a disciplinary matter by some employers. In some situations, you can apply to the court for a Suspended Attachment of Earnings Order. If you can supply valid reasons why the wage arrestment should be suspended, you may be able to prevent it. One such reason to apply to the court for a Suspended Attachment of Earnings Order may be dismissal or disciplinary proceedings at work. Any responsibly structured organisation would typically only declare a Wage Arrestment on a need-to-know basis; therefore it’s reasonable to assume that such knowledge within a workplace will not become part of the workplace gossip.

What Happens If I Change Jobs?

If you change your job during the Earning Arrestment, then your Wage Arrestment will stop, due to having no earnings for that employer to deduct your wages from. It is your duty to ensure that you inform the Sheriff Officers of your change in employment. However, your previous employer can be instructed to supply details of your new employment to the sheriff officers where it is known. Most-likely because you had to give them as an employment reference. The Earning Arrestment, therefore, will most likely follow you.

Can My Benefits Become Arrested?

No, if you are in receipt of Universal Credit or any other benefits, a Wage Arrestment cannot be collected from your benefits payment.

How To Prevent A Wage Arrestment Charge For Payment?

A Statutory Moratorium can be registered with the Accountant in Bankruptcy office. Typically this is accepted, provided that one has not already been registered within the last 12 months; This prevents creditors from taking any further enforcement action for a period of six weeks. This is a free application process and can be done relatively quickly. Statutory moratoriums’, however, only allow some breathing space and it is important that the applicant looks to find more long-term debt solutions, including formal debt solutions such as Trust Deeds, Debt Arrangement Scheme or payment in full of the original debt. Assuming of course, that you haven’t found some other means to repay the debt naturally. Remember too that debt collection agencies can use suggestive words in their telephone conversations, or send letters that imply that a Wage Arrestment and/or other enforcement action is imminent against you but it may be a threat at that stage. It is advisable that you seek advice first from an experienced debt adviser, as to be most effective the procedure should only be used when it is absolutely necessary.

How To Stop A Wage Arrestment Charge For Payment?

A Statutory Moratorium should be used, even after a Charge for Payment has been served and has expired. Again, this allows six months breathing space to allow you to pursue a more permanent solution. Whether that be looking at long-term debt management tools such as Trust Deeds, Debt Arrangement Scheme or where possible, payment in full of the original debt upon securing extra funds. Alternatively, even after a court order has been awarded, or a summary warrant granted, you can apply for a Time to Pay Order. A Time to Pay Order allows you to enter an instalment plan with the lender, or local authority where it’s outstanding Council Tax Arrears and providing it is maintained, will prevent a Charge for Payment being relied upon for any further action. If you want to prevent or stop a Wage Arrestment Charge for Payment, get in touch with a qualified money advisor today.

Wage Arrestment Debt Advice

If you’re worried about debts, worried about the threat of having a wage arrestment, have received a decision or decree, or had court action taken against you we’d recommend getting tailored debt advice from us, as this can help you make an informed decision on the best way of dealing with the wage arrestment either before it happens, or after it has been put in place. Our experienced Scottish debt help team at Trust Deed Scotland® specialise in giving debt advice to people living in Scotland. We can talk about your situation and help you find a solution to resolve your debt problem. We’ve helped over [volume] people get out of debt in Scotland, and we’ve got more five-star reviews than any all other Trust Deed providers combined. Call us on 0141 221 0999, or try our Trust Deed Wizard® to get started now.

Coronavirus Protection From Sheriff Officers

Posted on by Craig Stocks
The Coronavirus (Scotland) Act has now officially been enacted, which comes with greater protection against Sheriff Officers in Scotland, our equivalent of a Bailiff. The Civil Enforcement Association had previously reported that in England and Wales, bailiffs had until recently been harassing people over typical debts such as council tax debts, even while social distancing rules had come into existence. As well as better protection against Sheriff Officers in Scotland, there is also now more relief from creditor enforcement action such as Wage Arrestment. The new legislated changes are part of a temporary amendment to the Statutory Moratorium in Scotland and allows you to apply for 6 months protection against creditor debt collection enforcement tactics, including the use of doorstep Sheriff Officers to collect debt.  

What is a Scottish Statutory Moratorium?

  The word Moratorium itself is derived from 19th-century Latin word ‘morat’ meaning ‘delayed’ and sounds quite intimidating on its own, but it is a benefit of people in Scotland worried about how the Coronavirus crisis may impact their finances, especially where enforcement action has been threatened against the individual. So, what is a Statutory Moratorium? Quite simply, it is a temporary prohibition of creditor enforcement activity, that it is free for an individual in Scotland to apply for and does not require an application to be made to the courts in Scotland, even though it protects individuals from court-approved debt recovery practices, known as diligence in Scotland. Once applied for, the Statutory Moratorium protects people from any further action being taken by Sheriff Officers and from applications being made to the courts to make people Sequestrated. The Statutory Moratorium protects people  in Scotland from:
  • Charge for Payments
  • Wage Arrestment
  • Bank Account Arrestment
  • Attachments of Property
If you are being threatened with any of these actions, or the process has already begun, contact Trust Deed Scotland immediately on 0141 221 0999 and we can advise on applying for Statutory Moratorium on your behalf.

Does a Scottish Statutory Moratorium Freeze Interest and Charges?

If we go back to the original Latin meaning of the phrase Moratorium; it means that enforcement action will be ‘delayed’. Your debt total may still increase during this time as your creditors may continue to apply interest to the outstanding amount. The purpose of extending the Scottish Statutory Moratorium terms during the Coronavirus outbreak via the new legislative powers of the Coronavirus (Scotland) Act is to give you valuable breathing space during these uncertain times. As such, treat it as a stay of execution while you evaluate your options to pay back the debt to the best of your reasonable ability.  

Help With Sheriff Officers & Enforcement Action In Scotland

  If you’re struggling with unaffordable debts, due to a change in circumstances brought about directly as a result of the Coronavirus, or because you were already in financial difficulties before the crisis began, there is help available for you to repay those debts and look forward to a life after debt. As Scotland’s No.1 Debt Advice Company, having helped [volume] people since 2009; we have the experience required to help people in Scotland resolve their finances and get their monthly debt repayments down to an affordable level. Thousands of people have left Trust Deed Scotland a five-star debt advice review on TrustPilot and throughout the Coronavirus crisis, our advisors have been continuing to offer the same level of support, by working from home. Always 100% safe and confidential – our debt advisors have been working hard to explain the Pros and Cons of all solutions available to individuals in Scotland burdened with unaffordable debt concerns. We have spoken to while the Covid-19 crisis continues to unfold. Debt Arrangement Scheme The Debt Arrangement Scheme allows people in Scotland to repay all their debts, with one affordable payment each month. Once approved, the Debt Arrangement Scheme ensures that all interest and charges are legally frozen and ensures that you are protected against all creditor activity – from debt collection agencies to Sheriff Officers. In conjunction with a Statutory Moratorium, the Debt Arrangement Scheme will protect you from enforcement action. There are advantages, disadvantages and alternatives to the Debt Arrangement Scheme and you should give careful consideration to what is best for you, based on your own circumstances. Protected Trust Deeds Protected Trust Deeds use formal legislation that helps people reduce their overall debt payments to one fixed affordable monthly repayment. In order to qualify for a Trust Deed, you would typically have over £5,000 of unsecured debts. This may be credit cards, personal loans, payday loans and bank overdraft debts but can also include the likes of catalogue debts and Like the Debt Arrangement Scheme, in conjunction with a Statutory Moratorium, a Protected Trust Deed will protect you from enforcement action and Sheriff Officers. A Trust Deed term lasts a typical period of 48 months. After the Trust Deed term has complete, any remaining debt is then written off as unaffordable, giving you the freedom to get on with building your life. You should be aware that there are Trust Deed Pros and Cons, and there may be better solutions for you that allow you to deal with your debt and move forward with your life. Trust Deed Scotland® always recommends speaking to a qualified debt expert who shall be able to gather all information, and use that to give you a personalised illustration of the solutions available to you, and how it may affect you in the long-term.  

Where can you get reliable debt advice in Scotland?

  Talking about our debts to people that we do not know isn’t easy. Trust Deed Scotland® understands this more than most having helped over [volume] people in Scotland since 2009. We will always offer a friendly, non-judgemental advice service that doesn’t involve you being pressurised into a debt management product that you don’t understand. We’re very proud of our reviews we received where many people comment on the service that they have received and we will always have our clients best interests at heart. Give us a call on 0141 221 0999 or get started online.  

Sheriff Officers, their powers and what to do when faced with one

Posted on by Craig Stocks
Dealing with bailiffs at your doorstep is one of the most anxiety-provoking, overwhelming aspects of a debt problem. In Scotland, bailiffs are called sheriff officers. Typically, you will encounter a sheriff officer if you have unsecured debts like council tax arrears, tax payments or utility bill arrears which you are struggling to repay. What’s worse is, you may find yourself too busy trying to get by, to learn about their powers or what to do should you ever find yourself receiving that knock on the door. Sheriff officers enforce court orders relating to debt recovery on behalf of government agencies, private companies or individual creditors. With the right documentation, a Sheriff Officer can enter your home, using reasonable force if blocked from doing so and remove items that belong to you, both inside or outside of your home. These items are taken and resold with the proceeds going towards repaying your outstanding debt balance. While they are officers of the court they are not the police, and therefore their powers are limited in that they can only enforce an existing court order. Creditors are entitled to instruct sheriff officers to take action only when they have made formal attempts to collect your debt. If you have received a ‘charge for payment’ (a formal demand for payment which is commonly sent after at least two or three previous letters warning of court action) this is your guide on sheriff officers: what they can and can’t do; your rights, and how to handle the situation without creating new problems.  

Powers of a Sheriff Officer in Scotland

  Forced Entry The ultimate concern of anyone with unsecured debts they can’t afford is that a sheriff officer will force their way into their home and seize their possessions indiscriminately. Though forced entry is allowed in certain cases, it is quite rare and depends on express authority from the courts.< So when can Sheriff Officers enter your home in Scotland? The Sheriff Officer requires an ‘Exceptional Attachment Order’ before they can force entry. Prior to gaining an Exceptional Attachment Order, a creditor must show that they have made reasonable attempts to repay the debt such as serving you with a Charge for Payment, allowing you 14 days to repay your debt. Additionally, for the order to be valid, you must have received a Debt Advice and Information Package from your creditor along with the charge for payment. As such, whoever your creditor may be, you should always be sure to note whether or not you have received an information pack with any documentation they have sent. A Sheriff Officer should also first try a less intrusive way of recovering your debt such as arresting your bank account, executing an Earning Arrestment or enforcing an Attachment Order. However, if a creditor can prove that they didn’t employ these methods because it wouldn’t have resulted in the debt being repaid they can be excused from not using them and apply for an Exceptional Assessment Order. Before granting an Exceptional Assessment Order a Sheriff Officer will consider the nature of your debt, your living, working and financial circumstances and whether you have applied for and been rejected from debt help in the past along with a number of other factors. When an Exceptional Assessment Order is granted however, they can force entry to, and remove items from your home. What if I refuse entry to the Sheriff Officers?  If you or someone over the age of 16 with a full understanding of the situation does refuse entry to an authorised sheriff officer, they can force a door open or break a lock/window to gain entry. It’s quite ambiguous who would pay for these damages but the general rule is that the cost is covered as part of the officer’s fee. However, it is not uncommon for the cost to be forwarded onto you. Sheriff Officers cannot enter or seize possessions if, when they arrive:
  • You or someone over the age of 16 is not present.
  • If you’re not present, but someone aged 16 or older is they can’t force entry if that person doesn’t speak or understand English; or is unable to understand the situation because of physical or mental disability.
What can Sheriff Officers take? If the Sheriff Officer has an Exceptional Attachment Order, they are entitled to seize any ‘non-essential’ possessions from inside your home. They can also take any goods from outside your home unless they are exempt – as an example, they can force entry into a locked garage to recover a car you have missed hire purchase payments on. It will hopefully be reassuring to know, however, that most of the goods inside your home are likely to be exempt, as it is recognised by the courts that they are essential and you will, therefore, need them. When can Sheriff Officers visit? Sheriff officers are allowed to enforce the order between working the hours of 8am and 8pm. They cannot come to your home at all on a Sunday or a Bank Holiday. Unfortunately, you will not normally be notified as to when they will be coming unless they are in possession of an Exceptional Attachment Order.  

What to Do When Facing a Sheriff Officer

  Again, a sheriff officer can only come into your home with the correct authority from the court to do so – the Exceptional Attachment Order. Without exception, you should always immediately ask the sheriff officer to show you their identification and the document that states that they have the authority to come inside. They are obliged to show you both. Every Sheriff Officer has a red booklet with an identification photograph and the crest of the Scottish court service. It is countersigned by the sheriff clerk for the relevant area. In some cases, it may not be clear from the court document that permission to enter your home is included. As to the Attachment Order, the document usually has a phrase like “grants warrant for all lawful execution.” This is the group of words you are looking for, as they do provide appropriate authority. If you are in any doubt you should ask for the officer’s employer and call them. Though an upsetting ordeal, if the identification and documentation check out, you would be well-advised not to obstruct enforcement. You may face a ‘breach of the peace’ charge if you try to obstruct an officer of the court from carrying out a legitimate court order. It goes without saying that you should not resort to violence. Crucially, at any stage, you can arrange to pay the officer part or all of the debt. If this is affordable, it is probably preferable to having essential goods repossessed, and you should definitely offer to pay whatever you can.  

Has a Sheriff Officer Exceeded Authority?

  If you think that a sheriff officer has behaved in an unreasonable way or taken action beyond their entitled powers, you should immediately call or contact their employer asking for an explanation. You should then make a formal complaint with the Sheriff Principal if you feel that their behaviour has been unreasonable. The Sheriff Principal can arrange for an investigation to be carried out.  

How to avoid this situation

  Dealing with bailiffs and sheriff officers is one of the most distressing aspects of a debt problem, and we may be able to help you avoid to avoid this situation altogether. One of the key advantages of our specialist service, the Protected Trust Deed is that once it is signed and has become protected, as long as you stick to the agreed terms, your creditors can no longer legally contact you or further pursue your debt. Of course, there are other Scottish debt solutions that may help you, such as DAS. All correspondence must be directed to your Insolvency Practitioner instead – no Sheriff Officers, no contact, no stress. You can apply for a statutory moratorium also. Read up on our guide on how to stop sheriff officers in Scotland. For a clean break from your debt problem, get in touch today on 0141 221 0999 or find out if you qualify using our Wizard tool. Our team of friendly and experienced debt advisers, are waiting for your call.

How to Stop Sheriff Officers in Scotland

Posted on by Craig Stocks
Stopping Sheriff Officers in Scotland – Sheriff Officers typically work on behalf of government bodies, most commonly they are used to collect council tax arrears debt and also on behalf of individual creditors. They are often confused with the rest of the UK equivalent, bailiffs. Creditors (the people you owe money to) use threats of Sheriff Officers and bailiffs to frighten individuals into repaying debts, most often through further unaffordable borrowing. The terrifying idea of someone taking all your worldly goods is further intensified by well known TV adverts such as Channel 5’s ‘If you don’t pay, we’ll take it away‘. Stirling Park and Walker Love are two of the most well-known Sheriff Officers and Messenger-at-Arms companies collecting debt in Scotland. If you’ve received a letter or visit from Sheriff Officers about council tax debt, or any other type of personal debt such as defaulted personal loans, don’t panic. In this article, you’ll find basic help on how to deal with all Sheriff Officers, from Walker Love, Stirling Park sheriff officers or any other. Trust Deed Scotland will help you find out what to do if they come to your house and how to stop them from taking your belongings. If you’ve received a letter or visit from Sheriff Officers about council tax debt, or any other type of personal debt such as defaulted personal loans, don’t panic. Sheriff Officers and Messenger-at-Arms are strictly regulated and can only act to the extent that they are allowed to do so, within the Scottish legal system. To try and force entry into an individual’s property in Scotland, they must have the authority to do so. They would have what is known as an Exceptional Attachment Order. Only where they have an exceptional attachment order, will they issue it to you before trying to access your property. Find out what to do if they come to your house and how to stop them from taking your belongings.  

What should you do if Sheriff Officers come to your home?

Don’t let Sheriff Officers in when they come to your door. You’re under no obligation to allow a Sheriff Officer in Scotland to enter your home.  

What can Sheriff Officers in Scotland do?

Sheriff Officers usually only get involved after your local authority or creditor has taken you to court in Scotland. They have the legal power to remove and sell your belongings to pay your debts. If you let Sheriff Officers into your home, they can take:
  • Money
  • Jewellery
  • Luxury items such as televisions and game consoles
  • Items that you own jointly with someone else
  • Vehicles that are owed by you and not covered by hire purchase agreements, or any other outstanding finance.
They can’t take things that you need to use to live, work tools or equipment that don’t amount to more than £1,350 or someone else’s belongings. Proving that items in the house don’t belong to you, can be very difficult without receipts, or proof of ownership.  

What if a Sheriff Officer has already taken your goods?

To get your goods back you will have to:
  • Pay off your debt owed before your goods are sold on by Walker Love, Stirling Park etc
  • Buy your goods back yourself
  • Come to an agreement with your creditor and request that they ask the Sheriff Officer to return your goods back to yourself
You will be able to get your goods back if you can prove the Sheriff Officer did not follow the correct procedure when they took your goods from you. This emphasises why it is important to not let the Sheriff Officer into your home at any point.  

Can Sheriff Officers really take my car?

Just like in the TV programme, ‘If you don’t pay, we’ll take it away’, bailiffs do often take vehicles, as this is the easiest thing for them to seize. The same rules apply in Scotland with Sheriff Officers as it also means that they don’t need access in to your property. They can take your car if it is owned jointly with someone else. If it’s owned independently through a third party, then they will not be able to take it. This will be true if the car is still under a hire purchase agreement. Walker Love Sheriff Officers will also not be able to take your car if you have a blue disabled badge. Nor will any other Sheriff Officer from Stirling Park or anywhere else.  

What other charges can Sheriff Officers add?

There is the possibility that you will be charged additional fees by Sheriff Officers such as:
  • The cost of storing your belongings when they’ve been taken
  • Any court fees that they have had to pay
  • The cost of locksmiths
They will even charge a fee to you for the cost of putting your goods up for auction or a commission on the selling price. You have the legal rights in Scotland to see receipts or evidence for all of these expenses that have been added to your debt. You do need to pay these fees in Scottish law. Once a warrant has been issued by the court, these fees become legally due.  

Making a complaint about Sheriff Officers

If you do believe that a Sheriff Officer has behaved in a manner which brings themselves, their profession or the Court into disrepute, you can still make a complaint. When making a complaint about a Sheriff Officer or a Messenger-at-Arms, you have two options: The first option is to complain to their professional body, which is the Society of Messenger at Arms and Sheriff Officers. The second option, you can also make a complaint to the Court whose authority they were acting upon. In the case of a Sheriff Officer this means the sheriff principal of the local sheriff court. Secondly, in the case of a Messenger-at-Arms, their equivalent is the lord president’s office. In Scotland some creditors employ Sheriff Officers and Messenger-at-Arms as debt collectors. When acting in this lesser capacity of debt collectors, Sheriff Officers have no additional power over those held by other debt collection companies involved in collecting defaulted debts. They are not allowed to remove your property and cannot your arrest wages. They cannot enter your home without your permission. Trust Deed Scotland can give you advice and help on how to set up plans that will put an end to harassment from Sheriff Officers for the long term. Help is available for residents of Scotland and we’re here to get you a fresh start. Find out more about protection from Sheriff Officers and how a Statutory Moratorium (Scotland) may help you by calling us on 0141 221 0999.

Council Tax Arrears Debts Scotland

Posted on by Craig Stocks
 

Council Tax Arrears Debt – Help In Scotland

Trust Deed Scotland – Inbound Helpline – 01412210999. Council Tax Arrears debts are a priority in Scotland and should be dealt with as quickly as possible to stop the matter from escalating. Scottish councils are able to arrest your earnings and bank account, take you to court for payment and even force you to be sequestrated, (made bankrupt), if your debt level reaches a certain amount. Trust Deeds are one way to get on top of Council Tax Arrears, if you are struggling with multiple debts at the same time, however, the Debt Arrangement Scheme and other alternative solutions exist. All your unaffordable, unsecured debts, including council tax arrears debt, can be added to your Trust Deed and all you need to do is make one manageable monthly payment, (agreed before the Trust Deed is finalised), which will be split between your creditors. Once your agreed term is finished, any remaining balance will be written off. Try the Trust Deed Wizard to find out what you could expect to pay monthly. Your monthly contribution is determined by your debt level, income, expenditure and who you owe money to. There are government guidelines in place to ensure you can cover your necessary living expenses, (including mortgage/rent; council tax; food; gas/electricity; home/life insurance; phone; internet; TV; travel expenses and housekeeping). Only your expendable income goes towards your debts, meaning you don’t have to sacrifice your quality of life in orderto make payments to your creditors. Are you unsure how much overdraft interest fees have been costing you? You could save money by making a few simple changes. Often, council tax arrears are passed to a debt collection company and they will be less accommodating than the council when trying to recover the debt. In the more severe cases, your council tax arrears debt may be passed to a sheriff officer to collect the debt and undertake enforcement action against you. Understandably, you may feel nervous dealing with a debt recovery company or sheriff officer, but under no circumstances should you ignore contact from them as this may result in your situation getting worse. Once the council applies to the court to begin sequestration proceedings against you, it is very difficult, sometimes impossible to stop the process.

Council Tax Debt – Trust Deed Scotland

Do you want to get your finances back on track? Here are some simple tips to help you keep more pounds in your pocket. Trust Deed Scotland is regulated by a UK regulatory body and has thousands of 5* ratings on Trust Pilot. View our Trust Deeds Reviews page to see thousands of independently verified reviews written by our happy clients. Many of whom also had debt problems with their Council Tax Arrears debt in Scotland.

Council Tax Arrears Debt Scotland – Where to get help?

Our experienced debt advice team can arrange a callback, or meet with you to discuss your personal circumstances. Not only will they review your Council Tax Arrears debt, but they will also go over all the other debts you may have including, credit card debts and the debt solutions available to you to allow you to make an informed decision and choose the option best for you. You will be given a list of information to provide before your appointment e.g. proof of income, expenditure, creditors and. If you have these items ready for the advisor, your case can be moved along as quickly as possible. If you have any questions, see our Debt Advice Scotland FAQs or Contact Trust Deed Scotland today for peace of mind and the support to help you get your finances back on track.

Council Tax Arrears Debt Calculator

  If you have council tax arrears debt and have other unsecured debts like personal loans and credit cards, which have created an unaffordable debt spiral for you; you can use our handy Trust Deed Wizard® tool. This can be used to calculate how much you could save when you consolidate your council tax arrears debts alongside those other debts including personal loans and credit cards.

Sheriff Officer Role in Scotland

Posted on by Craig Stocks
 

Explaining the Sheriff Officer Role in Scotland

Sheriff Officers in Scotland are similar to bailiffs in England, Wales and Northern Irelandbut there are a few key differences that are very important to learn. Knowing the law and what to do in certain circumstances could prove very helpful in the future if you should ever come across a Sheriff Officer, and it’s also very helpful for making sure they don’t overstep any boundaries. If your debts are beginning to spiral out of control then these details could prove extremely useful. Sheriff Officers are officers of the court who are employed by different firms, or they can be self-employed. They take orders from individuals, companies, solicitors, local authorities and government departments, and they can enforce a number of court orders. This includes eviction, debt enforcement, property disputes and family matters such as adoption or divorce. However they are not the same as the police, and they can only enforce existing court orders or deliver legal papers. Sometimes this power may include a civil warrant that allows them to detain or remove someone from premises. Learn more about how to stop a Sheriff Officer, in our more recent guide. Before a creditor sends a Sheriff Officer to you they must have first tried other ways of collecting your money. They also need a court order to enter your home and seize any possessions, so make sure you ask to see the correct documentation first. Documents allowing entry into your home usually include phrases such as ‘grants warrant for all lawful execution’. If you have any doubt as to whether the documents allow the Sheriff Officer into your home then phone the firm that sent him. If a Sheriff Officer has the correct authority to enter your home and you refuse to let them in, they are allowed to use what’s called ‘necessary reasonable force’. This means they could decide to force a door open or break a lock on a window. You could also be charged with breach of the peace if you refuse entry to an officer of the court who has the correct documentation. If a lock or a window is broken by a Sheriff Officer then the person pursuing the court order, such as a landlord or creditor, has to pay for a replacement. If you aren’t in your home when a Sheriff Officer comes then they can only force entry if they are enforcing an eviction, ensuring certain work has been carried out or recovering property. For enforcements involving the confiscation of possessions to sell them (exceptional attachment) to occur there has to be someone in the home who is at least 16 years of age who understands what’s going on.

What time of day are Sheriif Officers in Scotland permitted to enter your home?

There are also rules regarding the times when a Sheriff Officer can enter your home. For eviction and debt enforcement they usually have to write to tell you they are coming. A Sheriff Officer can only carry out exceptional attachment for debt between 8am and 8pm, and not on a Sunday or on a public holiday. The only time this rule doesn’t stand is if a Sheriff Officer has a warrant to enter the property to see if someone is in danger. It’s imperative that you check the identity of Sheriff Officers before you allow them into your home. Every officer has an identity booklet with a photo of themselves and the crest of the Scottish court service, so ask to see this first. If you’re still unsure about the identify of someone claiming to be a Sheriff Officer then you can ask for the name of the firm they work for and phone them up to confirm. Sheriff Officers do have the power to physically remove you from the home if you are being evicted. However, it is advised that you leave without this happening, as you could be charged with breach of the peace if you come across angry and obstructive. You should get plenty of warning before an eviction, though, which is usually at least two weeks notice. If you feel like a Sheriff Officer has been unreasonable or acted against the law then you can write to the officer of the firm that employs them to ask for an explanation. If you aren’t happy with the response then you can make a written complaint to the Sheriff Principal who may arrange for an investigation. Sheriff Officers in Scotland come with quite a lot of power, provided they have the correct documentation. However, it’s important to know your rights and always double-check to make sure they are who they say they are. If you feel like debt is piling up and you’re having trouble staying on top of it, get in touch with Trust Deed Scotland today. We provide superb, ethical debt advice in Scotland and can tell you about the best steps to take next if you want to gain control over your finances again with products including the Scottish Trust Deed.