Stop Scott & Co. Sheriff Action

Scott & Co., charge for payment and diligence

At this stage, it is advisable to contact Scott & Co. to come to a repayment arrangement; otherwise, the council can obtain a charge for payment. You will be given 14 days to pay. If you do not pay within this time, the council can use diligence, also known as enforcement action, and they may give Scott & Co. Sheriff Officers powers to get the money from your wages or bank account or remove your belongings. The council can also apply to the Sheriff Court for an Exceptional Attachment Order, and they can prevent you from selling your home, land, and property or business premises.

Types of diligence, which Scott & Co. can use to collect your unpaid debt, are as follows:

• Earnings arrestment
• Bank arrestment
• Attachment of property outside your home
• Application to the Sheriff Court for an exceptional attachment order
• Bankruptcy
• Inhibition on the sale of your home, property or business premises

You can prevent diligence by making an offer of payment to the council or Scott & Co.

Time to pay orders

Once a charge for payment has been issued, you can prevent further action from being taken by applying to the court for a time-to-pay order. This will allow you time to pay off your debt in monthly instalments and will prevent the council from using diligence against you, which would mean making you bankrupt, having your wages docked or having your belongings seized by Scott & Co.

Debt Arrangement Scheme

You can apply for a debt-payment programme to pay your council tax arrears through regular payments. If you stick to the agreed payments, the council will no longer be able to make you bankrupt, take money from your bank or wages, or have your property taken away by Scott & Co. Also, by joining a debt repayment programme, the interest, fees, and charges on your debt will be frozen for as long as you keep up the payments. For more information on the Debt Arrangement Scheme, contact WAE on 0141 255 2104, or use the contact form on this website.

Scott & Co. earnings arrestment

If you have not paid your debt in full or applied for a time-to-pay order or debt payment programme, Scott & Co. will be able to deduct the amount owed from your net wages after tax over a period of time in order to collect the outstanding amount. This is called an earnings or wage arrestment. This will remain in place until the total amount you owe has been collected. You will also have to pay Scott & Co.’s fees, which will also be automatically deducted.

Before you are served with an arrestment, the council or Scott & Co., by law, must send you a debt advice information package 12 weeks before serving you with the earning arrestment.

If you have been served with an earnings arrestment, there is still time to prevent your wages from being docked. If you apply for a time-to-pay order and it is granted, it will stop the earnings arrestment.

Scott & Co. and attachment of property outside my home

If you have not paid your Council Tax after receiving two reminders and you have not applied for a time-to-pay order or a debt payment programme, then Scott & Co may decide to arrange the seizure and sale of some of your personal belongings outside the home. This is called an attachment of property outside the home or an attachment of goods. You will also have to pay Scott & Co.’s fees for administering the attachment of goods.

Before you are served with an attachment of goods, Scott & Co. must send you a debt advice and information package within the 12 weeks before they have been instructed by the council, which explains your rights and gives you details about how to get advice. However, this can be delivered by Scott & Co. on the same day they carry out the attachment to seize your property.

NOTE: Scott & Co. cannot gain entry to your home to enforce an attachment of personal property. However, they have the right to enter outbuildings, garages, or business premises, even if locked.

Some personal property is exempt from attachment, such as tools, books or equipment that you reasonably need to carry out your trade or business up to a total value of £1,000, any vehicles that you reasonably require up to the value of £3,000, or a mobile home if it is your only or main residence.

Once an attachment is complete, Scott & Co. must give you a list of the goods being removed and the amount they are valued at. The goods can be removed and sold after seven days to cover the cost of your debt. You will still be liable for any debt that has not been covered by the sale of the goods. Before the sale of the goods, you will be given the right to buy the items back at the same value within 14 days of the attachment. Also, a friend or relative can buy them back for you.

If you feel that Scott & Co. have not carried out the attachment properly, such as removing any items that are exempt from being attached or someone else’s belongings, you can apply to the court to challenge it.

When can Scott & Co. sheriff officers enter my home?

Only as a last resort may Scott & Co. enter your home. A Sheriff Officer from Scott & Co. may be able to enter your home between 8 am and 8 pm Monday to Saturday if the court has granted them permission to do so under an Exceptional Attachment Order.

You should always check the identity of the Sheriff Officer, and you are allowed to request to see the court document, which will state that it ‘grants warrant for all lawful execution’. If you have been shown a document but are unsure whether it gives Scott & Co. the authority to enter your home, you should call Wage Arrestment Expert immediately on 0141 255 2104 for advice.

If a Scott & Co. Sheriff Officer has shown you the correct authority from the court to enter your home, and you do not let them in, they can use ‘necessary reasonable force’ to gain entry. This means that they can force a door or break a lock or window. You could also be charged with breach of the peace for obstructing an officer of the court who has been given permission by the court to enter your home.

NOTE: If Scott & Co. Sheriff Officers forcibly gain entry to your home, resulting in a broken lock or a window, then the council will have to pay for the replacement; however, sometimes the charge may be included as part of Scott and Co.’s fees and be passed on to you.

For Scott and Co. to enter your home under an Exceptional Attachment Order, there must be someone at home who is at least 16 years old and understands what is going on. Scott & Co. will not be able to gain entry if the person in the home does not speak or understand English or does not seem to understand the situation because of a physical or mental disability.

There are certain items that cannot be attached in an Exceptional Attachment Order, such as clothing, bedding, basic household furniture, a refrigerator, and cooking equipment. If a Scott & Co. Sheriff Officer thinks that you do not have a reasonable need for an item, they can choose to attach it.

If you have an Exceptional Attachment Order against you, you should urgently call us on 0141 255 2104, and we will be able to help.

Need to make a complaint about Scott & Co.?

If you believe that a Sheriff Officer from Scott & Co. has behaved unreasonably in carrying out their duties, you should first write to Scott & Co. asking them for an explanation.

If you are unhappy with the response, you have been given; you can make a further complaint to the Sheriff Principal at the local sheriff court, who will look further into the matter for you.

Scott & Co. and benefit overpayments collection

If you have been paid too much Benefit, you will be notified by the council and asked to pay the amount back. As with Council Tax and Business Rates debt, if you do not pay, the council will apply to the Sheriff Court for a summary warrant, and Scott & Co. will have legal powers to come to a debt repayment arrangement with you.

The same steps as detailed above will apply. Contact WAE using the web form on this website or call on 0141 255 2104 if you are unsure about how this will happen.