What is an Assessment of Assets?

Binky_2

Hi all,

I live in Scotland and Yesterday I got a normal letter from some Sheriff Officers saying they will be calling on 13 June to do a Assessment of Assets and to be available for them when they call.
1. What can they do?
2. Can they look in Cupboards and Garages etc?
3. My Kids are 22, 20 +18 are they entitled to look in Their Bedrooms?
4. Can they touch my kids T.V'S an Xboxs as this is their stuff not mine and they don't owe a penny?
5. What can they touch and what can they not touch?
6. What exactly is an Assessment of Assets?
7. Can they force their way into my home if I refuse them entry?

A bit of background to this this is a debt collector who has obtained a Decree for a debt of less than £900 and took out an Inhibition on my property nearly 4 years ago, I have paid them nothing as I can't, simple as that.
The debt has grown to £1200+ and now this.
Any help would be appreciated.

Binky.

allydowd

They cannot take your childrens' things. Unless you own something jointly with one of them.

They also cannot take: 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.

Binky_2

Hi all,

What about the likes of Washing machines and Tumble dryers and Cookers? also in my Adult kids rooms most of the stuff is their's from T.v's to xboxes and Hi/fi's can they touch any of that as its theirs and they don't owe a penny.
Any advise before they come to the house?
Can they go through Cupboards and drawers?
Can they go into Garages and sheds?
What can they take?
Do I have to let them in?

Binky

Tixy

Might be worth a read of this http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=04_enforcing_a_debt_against_you_by_diligence#chapter7

Don't know much abotu scottish law but do you know if this would be an attachment or an exceptional attachment - if its the latter they can do much more but that factsheet says what they cannot take. Can you provide proof of what belongs to the kids?

allydowd

Occasionally, Sheriff's Officers might knock on your door. If you are not in, or do not answer, they can do nothing.

If you do answer, just say "Ms./Mr. Bloggs isn't in, I'm just a visitor" and just shut the door. Whatever you do, don't talk to them – tell them nothing. You are under no obligation to speak to them. Even if they catch you unawares and you admit who you are, don't let them in.

Sometimes they issue threats, and overstate their powers. They may say you have to pay them immediately, they may threaten to bring the police, they may threaten to come into your home. These are all lies, they cannot force you to do any of them. Debt is a civil matter, it's nothing to do with the police.

If anyone turns up on your doorstep asking to discuss debt who is NOT a Sheriffs Officer (for Example from a private debt collection company) remember that they have no statutory powers in Scotland and should be simply asked to leave. If they persist in harassing you contact us for advice and support.

CAN THE SHERIFFS OFFICERS SEIZE YOUR PROPERTY?

The Debt Arrangement and Attachment (Scotland) Act (2003) makes it much more difficult for the Sheriff officers to collect debts through the seizure of personal property.
The "attachment" of household goods is similar to the old poindings and warrant sales – it means the Sheriffs come into your home and value goods and then they can be sold.
This now cannot be done merely with the summary warrant – it can only take place after a second application to the Sheriff for an "exceptional attachment order". This requires a court hearing which you can defend.

Before the Exceptional Attachment Order can be granted debtors must be offered a "debt advice package" and access to advisors – though in practice this seems to be only sending you a general advice leaflet with some contact details.


DEALING WITH ATTACHMENTS

Even if they do succeed in gaining an Exceptional Attachment Order, there are easy and practical tactics you can use to make sure the sheriff officers are wasting their time.
Since you will normally be given some days notice about when the attachment will happen it is a smart move to temporarily remove a few of life's little luxuries to a friends place. They will have to fix another date to come back again so you can relax for a while.

It is worth bearing in mind that experience shows that the Sheriff's Officers will behave themselves when doing their "home visits" so you needn't expect abuse and strong-arm tactics.

The most important rule is to tell them that you won't be answering any questions – and stick to it.
So remember - don't leave any valuables lying around, don't answer questions, and have some support. That way they'll leave with their tails between their legs.

WHAT THEY CAN'T TAKE AND WHAT THEY CAN

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 its contents, a home computer and accessories, microwaves, radios, telephones, a T.V., 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.

So they can't take the fridge, freezer, cooker, washing machine or tumble drier.

In practice this leaves them only interested in: VCRs, DVD players, CD players and other electrical "luxury goods". They can't take your children's things.

Note however that the sheriffs can still attach belongings which are outside your home, without an exceptional attachment order – practically that means cars/motorbikes/pushbikes plus anything that is in a garage or outbuilding. So if you have a vehicle and are expecting them park it a couple of blocks away (but they cannot attach a vehicle “reasonably required” if it is cost less than £1,000). Another tactic is to register the vehicle in someone else's name.

Binky_2

Tixy and allydowd,

The Letter I have doesn't mention an Attachment or an Exceptional Attachment order all it says is they will call on the 13th June to do an Assessment of Assets whatever that means.
Any ideas what this is and can I refuse entry?

Binky

Binky_2

I found out from my local court today that there isn't either an Attachment or an Exceptional Attachment order active on my home address.
The Court Officer says that she thinks a Assessment of Assets means they are coming round to have a look so they can make a list so a Sheriff can be asked to grant one or the other.
I also made a mistake the Sheriff officers letter says they are coming on Sunday 12th June.
I was told they can't come to your house on a Bank holiday or a Sunday.
1. Is this true can they come on a Sunday?
2. Can I refuse entry as they have no court order?
3. My kids bought their t.v's and xboxes years ago so trying to find receipts will be difficult, but they are all Adults and don't owe a penny.
4. If I refuse entry what happens next?
5. Would it be better to remove the "touchable" items and just let them look around, this should show them there is nothing they can take?
6. Can they open Wardropes and Drawers?

Binky.

pleasedelete

With 4 adults is there no way you can find the money to pay?

Binky_2

pleasedelete

The debt is mine not my Adult Childrens so why should they? and I would never ask them nor would I accept their help if it was offered, which it has been, what! to pay a Money hungry D.C.A that has more than doubled the original debt plus took an immediate Inhibition, I think in this case I am making a stand on principle.
If the DCA was really wanting to help get the debt paid off and help people like me who have very little why more than double the debt which was originally £500+ and the rest is interest and help yourself charges?
Anyway this is sidelining the Questions I came on here to be helped and advised with, can someone please go through my previous posts on this thread and help answer some of my questions rather than slag me off or moralise about the rights and wrongs of my position.
Thanks
Binky.

pleasedelete

I wasn't moralising. I was trying to be practical. If they eventually seize your goods the value that they get for them will be pence and you may still be liable for tne rest of the debt.

I regularly go to an auction where the bailiffs sell goods. Tne prices they reach is really awful. I feel very sorry for people who are losing loads of stuff and the debt is hardly going down.

You also seem to have stress and aggrevation. It was just a suggestion.

LittleK1989

Hi Binky,

My suggestion would be to contact your local CAB (Citizens Advice) and go through these questions with them -

(Search online for CAS org - Find your local office and get the phone number/go in)

I think they would know or find out the ins & outs of what they can and cant touch.

Good luck!