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Are the bailiffs coming??

Got a letter today and not quite sure if this means the bailiffs are coming and what I should do for the best?

I am in Scotland so not sure if that makes any difference to things at all?

I am saving up my hardest to become bankrupt but no where near the £100 yet that I need to do this.

I will post what the letter said, and any advice would be much appreciated.

Dear Mrs blah blah,

Due to continued non payment and in accordance with section 14 of the Debt Arrangement and Attachment (Scotland) Act 2002, we have no alternative other than to instruct a Sheriff Officer to visit your premises.

Should you wish to avoid this action you MUST telephone blah blah within the next 7 days to make settlement or an arrangement towards settlement of the undernoted arrears. Failing which a Sheriff Officer will be attending your premises to execute an Attachment. Our warrant contains authority to 'open shut and lockfast places' and can be used where applicable.

Yours sincerely

blah blah.


So does this mean they bailifs (or sheriff officers) will be here for my goods? Should I call to make some small payment now just to keep them off my back until I can get the money to go bankrupt?

I am a bit worried about this and unsure what to do now.
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Comments

  • elkay115
    elkay115 Posts: 6,581 Forumite
    Anyone? :confused:
  • hi elkay,


    it's dificult to advice without knowing the background to your details.

    However, unless this company has a charge against you from the sherrif court (unlikely) then they can't send sherrif officers around. The sherrif officers certainly won't have access to your property unless an 'extrodinary attachment order' has been issued against you, which is also very unlikely.

    pm if you need any more help

    don't worry about it
  • elkay115
    elkay115 Posts: 6,581 Forumite
    Hi and thanks for the reply. This is from a Debt Management company. I did get a letter a couple of weeks ago saying they had a Summary Warrant I think it was they called it?
  • coolcait
    coolcait Posts: 4,803 Forumite
    Part of the Furniture Combo Breaker Rampant Recycler
    elkay115 wrote: »
    Got a letter today and not quite sure if this means the bailiffs are coming and what I should do for the best?

    I am in Scotland so not sure if that makes any difference to things at all?

    I am saving up my hardest to become bankrupt but no where near the £100 yet that I need to do this.

    I will post what the letter said, and any advice would be much appreciated.

    Dear Mrs blah blah,

    Due to continued non payment and in accordance with section 14 of the Debt Arrangement and Attachment (Scotland) Act 2002, we have no alternative other than to instruct a Sheriff Officer to visit your premises.

    Should you wish to avoid this action you MUST telephone blah blah within the next 7 days to make settlement or an arrangement towards settlement of the undernoted arrears. Failing which a Sheriff Officer will be attending your premises to execute an Attachment. Our warrant contains authority to 'open shut and lockfast places' and can be used where applicable.

    Yours sincerely

    blah blah.


    So does this mean they bailifs (or sheriff officers) will be here for my goods? Should I call to make some small payment now just to keep them off my back until I can get the money to go bankrupt?

    I am a bit worried about this and unsure what to do now.

    Hiya

    I agree with frazeroony on this.

    Section 14 of the Debt Arrangement and Attachment (Scotland) Act 2002 says:

    "14 Procedure for attachment of articles kept outwith dwellinghouses etc.
    Sections 15 to 19 below apply only in relation to the attachment of articles which are—
    (a) kept outwith a dwellinghouse; or
    (b) mobile homes which are not the only or principal residence of the debtor."

    As a layperson, that says to me that neither the creditor, nor the sheriff officers, can do anything with possessions which are in your home - 'dwellinghouse'.

    The Scottish government's own explanatory notes say this:
    Part 3 (ATTACHMENT OF ARTICLES KEPT IN DWELLINGHOUSES: SPECIAL PROCEDURE) provides for attachment, on an exceptional basis, of articles kept in dwellinghouses. This is competent only where a sheriff grants an exceptional attachment order and where assets exist which are not essential. An exceptional attachment order will be granted only after there has been a judicial enquiry in each individual case. This will take into account such matters as whether money advice has been given to the debtor, any previous time to pay arrangement, the nature of the debt and any information produced that relates to the debtor's financial circumstances. Factors to be taken into account by the sheriff in deciding whether there are exceptional circumstances include whether the creditor has taken reasonable steps to negotiate a settlement, whether an earnings or ordinary arrestment has been attempted and whether there is a reasonable prospect that a sum (currently £100) plus expenses will be recovered. The sheriff does, however, have an overriding discretion, after considering all the matters before him, to decide whether or not to grant an exceptional attachment order on the basis that it would be reasonable or not in the circumstances to do so.

    http://www.opsi.gov.uk/legislation/scotland/acts2002/en/aspen_20020017_en_1

    All of that says to me - as a layperson - that if any b****r wants to takes posesions from your home/dwellinghouse, then they have a lot of legal hoops to jump through first!

    Also, one of the things they'd be looking for before granting an exceptional attachment order is:
    • c) that there is a reasonable prospect that the sum recovered from an auction of the debtor's non-essential assets would be at least equal to the aggregate of the following-
    • ...
    • (ii) £100 or such other amount as may be specified by order made by the Scottish Ministers
    • If you're having trouble gathering together £100 to make yourself bankrupt, what are the chances of you having £100 quid to be gathered under an exceptional attachment order?! :confused:
    • Bottom line - you need to take all of this to your local CAB or local authority money advice office and see what they say. But, from what you'e told us, it sounds like someone is trying to 'baffle you with horsefeathers'!
  • coolcait
    coolcait Posts: 4,803 Forumite
    Part of the Furniture Combo Breaker Rampant Recycler
    elkay115 wrote: »
    Hi and thanks for the reply. This is from a Debt Management company. I did get a letter a couple of weeks ago saying they had a Summary Warrant I think it was they called it?

    If they actually have a summary warrant, why don't you have a copy? As far as I am aware, a summary warrant is served on the debtor by sheriff officers. Has this company provided you with proof of this summary warrant?

    Those are the the first two questions I would be asking myself.

    I would also be getting down to the CAB/local authority money advice shop to get advice from them, and maybe a helping hand/vopice in putting those questions to this company!

    Sorry to be a cynic, but their claims don't ring true to me. Nevertheless, I think it's best to check them out.
  • elkay115
    elkay115 Posts: 6,581 Forumite
    Ok had a look for the letter about the summary Warrant.

    It says....................

    SUMMARY WARRANT

    The Sheriff at Haddington Sherrif Court granted Summary Warrant against you for the recovery of all Council Tax and Water & Sewerage charges due and unpaid for the accounts detailed below, together with a Statutory Addition of 10%.

    You are required by legislation to provide certain information (as per the form overleaf) within 14 days. Failure to provide the relevant information, or to knowingly provide false information, may render you liable to an initial penalty of £50.00.

    You do not need to supply this information if you pay the full amount due within 14 days directly to Stirling Park.

    Failure to pay, or to supply the requested infromation, or to contact Stirlling Park with settlement proposals, will result in the enforcement of the Summary Warrant(s).



    The form on the other side of this letter just asks for

    Liable person
    Address
    Employers name
    Or if in receipt of Benefits.

    The above letter was dated 23rd September and I only received it yesterday so haven't had a chance to send it back to them yet.



    Hmm Ok scrap all that!!!

    The first letter is about THIS years Council Tax, which as far as I am aware there is an amount being taken off my benefit each week to pay the council for this years.

    The Summary Warrant I have posted above is for previous years Council Tax.

    Oh now I am all confused!! This is why I never look at these letters cos they just confuse and depress me even more. I sometimes wonder why the hell I am on this earth. :(
  • coolcait
    coolcait Posts: 4,803 Forumite
    Part of the Furniture Combo Breaker Rampant Recycler
    elkay115 wrote: »
    Ok had a look for the letter about the summary Warrant.

    It says....................

    SUMMARY WARRANT

    The

    :eek:

    Your post got cut off half way through!

    I know you could probably do without this, but could you post it again? :A
  • elkay115
    elkay115 Posts: 6,581 Forumite
    Sorted!! Yea it was me, I accidentally hit the send button before I had finished posting. Another reason for me to just give up! I can't even manage to post lol.
  • coolcait
    coolcait Posts: 4,803 Forumite
    Part of the Furniture Combo Breaker Rampant Recycler
    Hiya elkay

    I have to say this...

    If you haven't already been to see your local CAB or local authority money advice people, PLEASE make an appointment to see them as soon as possible, and take all these letters with you.

    If a summary warrant has been granted, then YOU shold have a copy of it.

    If 'legislation' requires you to do something, then that 'legislation' should be quoted, in my opinion.

    I am simply not comfortable with what Stirling Park is telling you. I think you would really benefit from having a money adviser look at it.

    And please don't worry about hitting the send button before you'd finished writing your post! Been there, done that. :o

    In fact, my first two or three posts were marked 'test' - because I kept writing long messages, and then losing them at the posting stage :o

    I am SLIGHTLY better now :rotfl: :rotfl:
  • elkay115
    elkay115 Posts: 6,581 Forumite
    Oh I am usually a dab hand at the posting malarky, I can talk for Scotland. :rotfl:

    It's just when I start thinking about all this, it gets me all stressed. :eek: I don't sleep at night thinking about all the money worries, I owe to every man on the planet, it would seem.

    I will call the CAB and see what they say about the letters on Monday. Last time I called them, it was them that suggested the best way forward for me was to go bankrupt. Just wish I could get the money together to do it. :rolleyes:

    Anyway, thank you for your help. You are indeed a star. :beer:
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