Scott & Co. – How to stop Scott and Co. sheriff action
Wage Arrestment Expert can help you stop Scott & Co. sheriff action for council tax arrears, business rates, benefit overpayments and any other debt that you may have.
If you have been visited by Scott & Co. sheriff officers, we provide free expert advice and mediation services to stop any Scott and Co. sheriff action. If you’re facing a wage arrestment and need help negotiating an affordable and sustainable repayment plan, call us today on 0141 255 2634
How does Wage Arrestment Expert help me deal with Scott and Co.?
• We will contact Scott and Co. sheriff officers for you
• Arrange for Scott & Co. sheriff action to be placed on a temporary hold (up to 28 days)
• We will look to help you stop or remove a pending or current wage arrestment
• Mediate and negotiate an affordable and sustainable repayment plan with Scott & Co.
• Our services are free, advice is confidential and impartial
Scott & Co. – Who are they?
Scott and Co. provide Scotland’s leading professional debt recovery service. They have approximately 13 centres in Scotland and employ the most sheriff officers. They are contracted by a number of private and public sector organisations to recover any unpaid debt. This can be both commercial and consumer. If you have recently received communication from a Scott & Co. sheriff officer, Wage Arrestment Expert provides a free advice and mediation service to help you reach a suitable arrangement to repay any outstanding debt.
Scott and Co are members of the following professional bodies:
• Credit Services Association
• Institute of Directors
• Institute of Revenues Rating and Valuation
• Society of Messengers-at-Arms and Sheriff Officers
Scott & Co. Council Tax Arrears
If you fall behind on paying your council tax on time, you will receive a reminder from your council notifying you that the amount owed needs to be paid within seven days. Each member of the household who is liable for council tax will receive a separate reminder. If you fail to pay the amount owed once you receive this first reminder, you will receive a second reminder, however, you now no longer have the option to pay by instalments. At this stage, you will have 14 days to pay the full balance for the respective council tax year.
After receiving the above reminders for non-payment of council tax, and you have still failed to pay any money owed, the council will apply for a summary warrant through the Sheriff Court. Once this summary warrant has been granted, your contact details including name, address, and the outstanding balance will be forwarded to Scott & Co. Remember, you will incur an additional penalty charge of 10% once a summary warrant has been granted. You will receive this notification through the post, this will state the amount you owe and instructions on how to pay.
Scott & Co. – What is charge for payment and diligence?
We recommend you contact Scott & Co directly to find a suitable arrangement plan. If you don’t comply, you will be given 14 days to pay the full balance and the council will also gain a ‘charge for payment’. The council will be able to use diligence if you have still not paid. Diligence is sometimes referred to as enforcement action, giving Scott and Co. additional powers. Sheriff officers such as Scott & Co. will be able to recover the money from your wage/salary, bank account, or even remove your goods. The council also has the option to apply for an ‘Exceptional Attachment Order’ through the Sheriff Court. This can stop you from selling your land, property or business.
Here’s a list of different types of diligence which Scott and Co. sheriff officers can implement to recover any outstanding debt:
• Earnings arrestment also referred to as wage arrestment
• Bank arrestment
• Attachment of possessions outside your property
• Application for an exceptional attachment order through the sheriff court
• Preventing you from selling your land, property or business
Both the council and Scott and Co. sheriff officers have the option to accept a suitable repayment arrangement that will stop the above diligence.
Scott & Co. – What is a time to pay order?
If a charge for payment has been previously issued, you can apply to the sheriff court for a ‘time to pay order’. This can help you prevent any further action and as the name applies, it gives you time to repay any outstanding debt through monthly instalments. More importantly, it will stop the council/local authority from using any form of further diligence (see above).
Scott & Co. – What is a debt arrangement scheme?
If you decide to make an application for a debt payment programme to pay any outstanding council tax debt through monthly instalments, make sure you don’t miss any payment dates. Through discipline and by keeping to this agreed arrangement, councils and Scott & Co. sheriff officers no longer have the power to apply for bankruptcy, arrest your wages, freeze bank accounts or repossess your property. As an added benefit to joining a debt repayment programme, any interest, fees and charges will be frozen as long as you’re meeting your agreed instalment plan conditions.
If you would like further information about wider financial solutions available to you that will prevent or stop any diligence, call our expert advisors today on 0141 255 2634
What if Scott and Co. carry out an earnings arrestment?
If you are unable to pay your outstanding balance in full to Scott & Co. or have not been granted a time to pay order, or entered into a debt payment programme, Scott and Co. can proceed with an earnings arrestment, also known as a wage arrestment. This means that their sheriff officers will be able to contact your current employer to request deductions from your wages/salary. The amount owed will be taken from your net pay (income after tax and national insurance). This will continue until the outstanding balance including any fees has been cleared.
Before you receive an earnings arrestment, by law, Scott & Co. sheriffs must send you a debt advice information package beforehand, this should typically be sent 12 weeks before they go ahead.
If you do receive an earnings arrestment, you can still stop it from going ahead if you are granted a time to pay order, make sure you apply for this as soon as possible.
If you would like to discuss a number of solutions to prevent an earnings arrestment from taking place, or stop one that is already in place, contact our expert advisors on 0141 255 2634 We provide free advice and mediation services, and we’ll be able to take account of your personal circumstances.
What if Scott and Co. carry out a bank arrestment?
Scott and Co. can also implement a bank arrestment if you’re unable to reach a suitable payment agreement. This allows the sheriff company to freeze any of your bank accounts until you give them permission to take either the full outstanding balance or an agreed amount towards your council tax debt. Remember that sheriff officers from Scott & Co. will also add their administration fees in addition to the debt that is owed for this bank arrestment to take place. If you refuse their request for any funds to be released, it is important to note that the bank will be automatically instructed to release the requested funds after a 14 week period regardless. Throughout this period, your account(s) will be frozen and you will not be able to access your bank account(s) for any direct debits etc. This can apply to any account in your name, regardless if it is a joint account or not.
This bank arrestment only applies to any money that was in your account on the day that the arrestment was delivered to your bank by Scott and Co. sheriff officers. You won’t receive a notification beforehand that this is taking place. This option puts many households in a very difficult financial situation, especially if they lose access and are unable to meet any other financial obligations such as rent or other household bills. If you find that your bank account has been frozen, you should apply to Scott & Co. directly to request that they release some funds through this arrestment. You will be required to agree to set up a repayment plan to pay any outstanding debt.
You may still have time to complete an application for a debt payment programme or a time to pay order. Wage Arrestment Expert provides free advice and services to help you find a solution that is right for you. Contact us on 0141 255 2634 or complete the form above to request a call-back.
Scott and Co. Attachment of property outside my home
After receiving two previous reminders, if you still haven’t paid your council tax arrears in full, made an application for a time to pay order, or entered into a debt payment programme, sheriff officers from Scott & Co. may decide to take any property that is outside your home and sell it to recover any debt. This is known as an attachment of property outside the home, sometimes referred to as an attachment of goods. Remember that you will also incur additional administration fees that will be payable to Scott and Co. for the above.
Before you receive this attachment of goods, sheriff officers are required to send you a debt advice and information package. This must be sent to you 12 weeks before they are instructed by the council/local authority. This information pack gives you further information explaining your rights and how to get further advice. It is important to remember that Scott and Co. can deliver the attachment of goods on the same day that they repossess any property outside your home.
Sheriff officers are not allowed to gain entry into your home to enforce the above attachment. Although they do have the power to enter any garages, outbuildings, or even business premises, regardless if it is locked or unlocked.
There are some exceptions to this attachment. Personal property including books, equipment or tools that are required to carry out your work, valued up to £1,000, a vehicle that is required valued up to £3,000, or a mobile home if it’s used as your main and only residence.
Upon completion of the attachment of goods, sheriff officers from Scott & Co. must provide you with a list of goods being taken, including the value of each item. These items may be removed and sold after seven days to cover the cost of any outstanding debt. If there is still a remaining balance due after this sale, you are still liable for this amount. Before this sale takes place, you have 14 days to buy back these items at the listed value. You can ask a friend or family member for assistance to repurchase these goods for you.
If you believe that sheriff officers have carried out the attachment order incorrectly, for example: removing any goods that are exempt from this attachment, or taken items that are owned by a third party or finance company, you need to appeal this by applying directly to the sheriff court.
When can sheriff officers from Scott and Co. enter my home?
Sheriff officers can only enter your home as a last resort option. If they have been given permission through an Exceptional Attachment Order by the sheriff court, they can only enter between 8am – 8pm on Monday to Saturday, bank holidays are excluded. If a sheriff officer from Scott and Co. does visit your home, make sure to ask for identification, you also have the right to ask for any official court documentation. This will state ‘grants warrant for all lawful execution’ or something very similar. If you have received a visit and are unsure about any official documentation, we recommend that you contact Wage Arrestment Expert as soon as possible on 0141 255 2634
If you have been presented with the correct authorised documents from the sheriff court requesting entry into your home, and you decide not to let the sheriff officer(s) inside, they may use ‘reasonable force’ to enter. This allows them to force a door open, by breaking its hinges and locks. You may also incur additional charges for breaching the peace or obstruction of an officer of the court who has been granted permission to enter your home through the sheriff court.
If sheriff officers from Scott and Co. have no option but to gain entry into your home through ‘reasonable force’, by breaking a door or window, the council are required to pay for any replacements. Unfortunately, these replacement costs will likely be added as additional fees by Scott & Co. and passed on to you.
There must be someone aged 16+ who is able to comprehend what is happening before sheriff officers can enter the home using an Exceptional Attachment Order. If this individual is unable to speak English or is classed as a vulnerable person through a mental or physical disability, Scott & Co. will not be able to proceed until the right conditions have been met.
Here’s a list of items that can’t be attached when carrying out an Exceptional Attachment Order:
• Essential household furniture
• Essential household appliances (fridge, freezer, cooker, washing machine)
• Children’s items (books and toys)
• Work related tools and equipment
If a sheriff officer believes an item is not essential for your day to day living or is not required for work, they can list it under this order.
Need further help or guidance with Exceptional Attachment Orders or any other form of diligence from sheriff officers? Call Wage Arrestment Expert today on 0141 255 2634, our specialist advisors provide free advice and mediation.
What fees can Scott and Co. charge me?
Scott and Co. can charge a number of different fees in addition to any outstanding council tax debt. If a summary warrant has been granted, expect to see a further 10% added to the total balance due.
Here’s a breakdown of fees sheriff officers from Scott and Co. can add during the different stages of debt collection:
|For each individual at a different address||£78.10|
|For each additional person at the same address||£17.60|
|Postal service charge||£25.90|
|Postal diligence charge||£38.95|
|Service notice of entry||£11.05|
|Arranging an attachment unsuccessfully||£82.70|
|Arranging and carrying out an attachment where the value of goods is:||Fees|
|between £681 and £2,737||£150.05|
|over £2,737 and up to £27,564||10% of the appraised value|
|over £27,654 and up to £137,809||10% of the first £27,564 and 5% thereafter|
|over £137,809||10% of the first £27,564 and 5% thereafter up to £137,809 and 1% thereafter|
|Reporting an attachment||£9.20|
Scott & Co. – Attachment of vehicles and heavy machinery
|Arranging and carrying out the attachment where the appraised value is:||Fees|
|between £681 and £3,028||£150.05|
|over £3,028 and up to £137,809||5% of the appraised value|
|over £27,654 and up to £137,809||10% of the first £27,564 and 5% thereafter|
|over £137,809||5% of the first £137,809 and 1% thereafter|
Scott & Co. – Attachment of earnings or bank account
|Arranging and carrying out the attachment including the removal of attached money where the value is:||Fees|
|£681 or under||£96.80|
|over £681 and up to £2,737||£150.05|
|over £2,737 and up to £27,564||10% of the value|
|over £27,564 and up to £137,809||10% of the first £27,564 and 5% thereafter|
|over £137,809||10% of the first £27,564 and 5% thereafter up to £137,809 and 1% thereafter|
|Arranging an auction and notifying the public||£23.95|
|Sheriff Officer attending the auction but auction not carried out for whatever reason||£79.00|
|Sheriff officer attending auction||£145.90|
Scott & Co. – Taking possession of belonging
|Taking Possession of Goods||Fees|
|Arranging and carrying out possession||£145.90|
Sheriff companies can also include additional admin and clerical fees if they have to make duplicate copies of any documentation. If you would like further information about council tax debt and the fees that are applicable, call Wage Arrestment Expert today on 0141 255 2634 Our expert advisors can negotiate an affordable repayment plan, depending on your circumstances, we may even be able to stop or remove an earnings arrestment.
Make a complaint about Scott and Co.
If a sheriff officer from Scott & Co. has carried out any of their duties or processes incorrectly or unlawfully, we recommend that you contact Scott and Co. directly via telephone, email and post. You should explain what happened, providing as much detail as possible including any dates and times. If you do correspond via post, it’s a good idea to send this using a recorded delivery service.
Once you receive a response, if you believe this to be inadequate, you should make a complaint to the Sheriff Principal situated at the local sheriff court. He/she will be able to look into the case for you.
How do Scott and Co. sheriff officers collect business rates?
Business rates debt is recovered in the same way as council tax debt. Councils can apply for a summary warrant directly from the Sheriff Court. This allows them to contract a sheriff company such as Scott & Co. who will try to recover any outstanding debt using the same enforcement powers through the use of sheriff officers. Similar to above, you can also apply for a time to pay order or enter into a debt payment programme (DPP). This will help you to avoid subsequent diligence. It is important to note that if a local authority has already applied to make you bankrupt, you no longer have the time to apply for a time to pay order.
Consequently, local authorities may take additional diligence measures including bankruptcy, if you’re unable to repay business rate debts in a realistic timeframe. This can also take effect if your debt is more than £3,000, and sheriff officers are unable to recover the money owed through any other way. There are both advantages and disadvantages to bankruptcy. We recommend speaking to a financial advisor before making any decisions. This is because your assets, property, business and employment may be affected. For further advice, call our mediation team today on 0141 255 2634 We provide free advice and guidance on what options are available to you at each stage of the sheriff process.
Scott and Co. sheriff officers: benefit overpayments?
If you have received a benefit overpayment, you should be notified by your local authority, and will be expected to repay this amount. Similar to council tax and business rates arrears, failure to pay will result in the council making an application for a summary warrant through the sheriff court. Scott & Co. or one of many other sheriff companies will have the power to recover the outstanding balance owed by you. You will be required to enter a repayment plan to pay back what is owed.
Scott and Co. use sheriff officers: consumer debt
Consumer debt such as credit cards, store cards, catalogues, loans, overdrafts, bank charges etc. are collected in the same way by sheriff officers using the processes detailed above. Scott & Co. have similar rights to recover the debt, although there are some differentiating factors. If you are being pursued by Scott & Co. for any consumer or other related financial debt, we may be able to help you find the right solution. Contact our expert advice team on 0141 255 2634 for free impartial advice, we’re able to negotiate a suitable repayment plan on your behalf. If you have been threatened with an earnings arrestment, bank arrestment or wage arrestment, depending on your current circumstances, we may be able to look into a range of wider financial solutions that can stop this from happening or remove this if it’s already in place and causing you financial hardship.
If you would like to contact Scott & Co. directly, we have provided there details below.
Address: 12 Drumsheugh Gardens, Edinburgh, EH3 7QG
Telephone: 0845 345 8980