How to stop Stirling Park sheriff action
Wage Arrestment Expert can help you stop Stirling Park sheriff action for council tax arrears, business rates, benefit overpayments and any other debt that you may have.
If you have been visited by a Stirling Park sheriff officer, Wage Arrestment Expert provides free advice and mediation services and can help you stop sheriff action, including a wage arrestment or bank account arrestment. We offer advice on council tax arrears, business rates, benefit overpayments, and any other type of debt you may have.
Our expert advisors can mediate and negotiate an affordable and sustainable repayment plan for you, allowing you to keep your possessions and avoid any further diligence.
How does Wage Arrestment Expert help me stop Stirling Park?
- We will contact Stirling Park on your behalf
- Request a temporary hold on sheriff action for up to 28 days
- Mediate and negotiate with the local authority and sheriff officers
- Arrange an affordable and sustainable repayment plan for you
- Our services are FREE of charge
Who are Stirling Park sheriff officers?
Stirling Park work with both public sector and private sector organisations in Scotland, providing debt collection recovery services. They employ more than 20 sheriff officers and 11 messengers-at-arms. They state that their aim is to work to ethical and highly professional standards, by following Scottish law.
Have you received any communication from a Stirling Park sheriff officer? Contact Wage Arrestment Expert today if you would like further details on what you can do to avoid any further action from taking place. Call us today on 0141 255 2634
Stirling Park are members of the Collector Accreditation Initiative (CAI) and the Credit Services Association (CSA).
Council tax recovery from Stirling Park sheriff officers
If you or anyone else liable for paying council tax miss a payment date, you will be sent a reminder by your local council requesting you to pay the outstanding bill. You will be given seven days to contact the council and make a payment arrangement when you receive this first reminder notice. You should be able to pay by instalments that are affordable. However, if you’re unable to reach a suitable agreement, you will be sent a second reminder letter. You now have 14 days to pay the amount owed in full.
If you have been sent two reminder letters from the local authority and have still yet to make a payment arrangement, the council are within their right to apply for a summary warrant through the Sheriff Court requesting you pay any outstanding debt. Once this summary warrant has been granted, they will send your contact details, including the amount you owe to Stirling Park. Stirling Park sheriff officers will send you the summary warrant which will state how much you owe including details on how to set up a repayment plan. Expect a 10% penalty charge to be added on top of the amount owed as part of their fees.
What if Stirling Park use diligence and a charge for payment?
If you receive a summary warrant from Stirling Park sheriff officers, you will need to contact them immediately to set up a suitable repayment plan. If you fail to do this, the council may take additional steps to acquire a charge for payment. This is a final notice requiring you to contact Stirling Park and/or the council within 14 days to arrange a payment plan, otherwise they can take further legal action against you, known as diligence.
Diligence gives Stirling Park the authorisation to recover any outstanding council tax debt from you in a number of different ways. This may include taking money directly from your bank account or wages/salary.
If they are unsuccessful, the local authority may take further action by applying for an Exceptional Attachment Order through the Sheriff Court. This Exceptional Attachment Order allows Stirling Park sheriff officers to prevent you from selling your business, land, or property. They may remove goods from your property, in order to sell them to help cover any debts you may have.
Stirling Park can use a number of different types of diligence for debt recovery. This can include:
- Earnings arrestment: money is taken directly from your wages/salary
- Bank account arrestment: your account(s) will be frozen and money is taken from them
- Attachment of property outside the home: items that are outside your home can be taken and sold
- Exceptional Attachment Order and bankruptcy: this prevents you from selling your business, land or property
Please note: An earnings arrestment is also referred to as a wage arrestment.
How to avoid diligence from Stirling Park sheriff officers
If you would like to avoid any further diligence from taking place by sheriff officers from Stirling Park, we recommend that you contact the council and the sheriff company directly. You may have the option to set up a suitable repayment plan. If they are unable to help, there are a number of different options available to you (see below).
Apply for a time to pay order
If you apply for a Time to Pay Order through the court, you can stop further diligence from Stirling Park. The name is self-explanatory and gives you time to pay off any money that you owe in smaller monthly instalments. If this is granted, remember to make sure that the instalments are affordable and that you keep to the payment dates.
Apply for a debt arrangement scheme
This is another option available to you to stop further diligence from Stirling Park sheriff officers. A Debt Arrangement Scheme is a debt payment programme (DPP) which helps you agree regular monthly instalments to pay the outstanding debt owed. If you enter into this agreement and are able to pay off any debt by keeping to the repayment dates, Stirling Park are no longer able to implement a bank arrestment, earnings arrestment, or remove any of your goods to recover the outstanding debt.
By keeping to the terms of the Debt Arrangement Scheme, as an advantage, any interest, fees and charges will be frozen for the agreement duration. For further details about a wide range of options available to you, speak to one of our specialist advisors on 0141 255 2634 We provide free advice and mediation services by considering your personal circumstances.
What if Stirling Park sheriff officers use an earnings arrestment?
If you still haven’t paid your council tax arrears or any other debt you’re being chased for and have received a charge for payment, have not yet applied for a time to pay order or entered into a debt payment programme, Stirling Park sheriff officers will proceed with diligence. They will conduct an earnings arrestment, also referred to as a wage arrestment to recollect the outstanding debt. This allows them to contact your current employer and request that money be taken directly from your wages/salary. The money taken will be from your net income (income after tax and national insurance). This will continue to reoccur until you have cleared the total amount owed including any fees and charges. Sheriff officers from Stirling Park will include this as part of their own administration costs.
If you do receive an earnings arrestment, the council or Stirling Park are required to send you a debt advice and information pack 12 weeks before this is scheduled to take place. This pack contains details on how to apply for a time to pay order and debt payment programme amongst other useful information.
What if Stirling Park use a bank arrestment?
As another form of diligence, sheriff officers from Stirling Park can also carry out a bank arrestment to collect any unpaid council tax or any other debt. The sheriff company can request your bank to place a hold on your bank account(s), making you unable to access your funds. Your bank account(s) will be frozen until you give the bank authorisation for an amount of money to be released. This will also take into account any administration fees that Stirling Park will apply, in addition to your council tax arrears.
You will be given 14 days from the date your account has been frozen to authorise the release of the requested funds. If you fail to give permission, Stirling Park can instruct your bank to release this money regardless of your inaction. It is important to note that any direct debits or standing orders you have will be placed on hold during the time of arrestment. This can make it a financially difficult situation if you default on high priority payments such as rent or household utility bills. A bank arrestment can apply to any bank account that is held in your name, even applying to joint accounts.
Stirling Park can only freeze money that is held in your bank account(s) at the time of the bank arrestment, according to law, this can also take place without you being given notice beforehand. For many individuals and families, this leaves them in a difficult situation as they are unable to access money or pay bills on time. If this does happen, we recommend you contact Stirling Park right away to arrange a mandate, this will allow them to release some money towards any unpaid council tax debt. If you’re unable to clear the full balance, you will need to arrange a standing order for the remaining amount owed.
If you would like further information about applying for a debt payment programme or a time to pay order, contact our expert advisors on 0141 255 2634 or complete the contact form above to request a call-back. Our team provide free advice and mediation services. If you’re being faced with an earnings arrestment or bank arrestment or have any of these already in place, we’re able to discuss a number of solutions available to you.
What if Stirling Park use Attachment of Property Outside The Home?
If you have failed to respond to the two previous reminder letters for non-payment of council tax, you may be subject to attachment of property outside the home, also referred to as attachment of goods. Sheriff officers from Stirling Park now have the right to remove goods that are outside your home, these can be sold to cover the amount owed. Expect admin fees and charges to be applied when Stirling Park carry out this attachment. If you have paid the amount owed in full, set up an arrangement for a repayment plan, or your application for a time to pay order has been granted, you can safely ignore this.
Either the council or Stirling Park will send you a debt advice and information pack 12 days before this attachment order is carried out. This pack will contain information on what actions you can take to prevent your items from being removed by sheriff officers. Options include applying for a time to pay order or entering into a debt payment programme.
By law, Stirling Park are unable to enter your home unless an Exceptional Attachment Order has been obtained through the Sheriff Court. However, they are allowed to enter a business premises, garage, or any outbuildings. They can still enter locked buildings by breaking locks, and forcing open doors and windows.
It is important to note that there are some types of items that sheriff officers from Stirling Park are unable to include in the above attachment. These are books, tools, and other equipment that is essential to your business or work, valued up to £1,000, vehicles valued up to £3,000 that are required to operate your business, or a mobile home if it is registered as your main residence.
If the attachment is carried out, you will be given a list of items that they have included along with a valuation for each item. Stirling Park sheriff officers are able to take items away and sell them after 7 days to raise money for your council tax arrears or any other outstanding debt. Remember that you will still need to pay any outstanding amount if the items that are sold do not cover the full balance.
You have the option to buy back any items that were listed at the amount they were valued by Stirling Park within 14 days of this attachment taking place. A friend, family member or relative may be able to help you with this.
If you believe that an item has been removed that was exempt from this attachment order, belongs to a third party or is on hire purchase, you are within your rights to challenge this by applying to the court.
Are Stirling Park sheriff officers allowed to enter my home?
Yes, but only if the sheriff court has granted Stirling Park an Exceptional Attachment Order. This allows sheriff officers to enter your home. This usually happens if Stirling Park are unable to recover unpaid debt by using any other methods. The council are able to apply for an Exceptional Attachment Order, which gives Stirling Park authorisation to enter your home. This can only be carried out on Monday – Saturday from 8am to 8pm. Sundays and bank holidays are excluded.
If you have received this Exceptional Attachment Order and a Stirling Park sheriff officer has authorisation to enter your home, it is imperative that you request to see the identity of the sheriff officer and make sure that they have the correct documentation required to do so. The court document that they will serve you will state ‘grant warrant for all lawful execution’ or something similar. This now means that it is obligatory for you to allow Stirling Park sheriff officers inside your home. If you’re unsure about what to do and would like clarification on the matter, contact Wage Arrestment Expert immediately on 0141 255 2634.
If the documentation mentioned above is correct and you refuse to let a sheriff officer from Stirling Park inside your home, they are allowed to use ‘necessary reasonable force’, this means they can break locks, and force doors and windows open to gain entry.
Remember, you can also be faced with charges for obstructing an officer of the court, or breaching the peace. If a sheriff officer from Stirling Park has no option but to use this ‘necessary reasonable force’, the council are responsible for paying damage costs of locks, doors, and windows. Unfortunately, this will likely be included within Stirling Park’s administration charges for completing the attachment. Ultimately, this means you will be paying these additional fees. Because of this, we recommend that you allow them to enter your home if they have the correct documentation granting them entry.
This Exceptional Attachment Order can only be carried out if there is someone aged 16+ at home and is able to understand what is happening. The sheriff officer will not be allowed to enter your home if the only person at home is under the age of 16, someone that is unable to understand English, or anyone classed as vulnerable through physical or mental health.
Some items within the home are excluded from an Exceptional Attachment Order. Here are some examples of items that are exempt:
- Basic furniture
- Cooking and washing appliances
- Children’s items (toys)
- Items essential for work
Remember that sheriff officers can sometimes decide what item is essential, if they believe that you do not require any particular item, they are able to include it in the attachment list.
If you have been served with an Exceptional Attachment Order, call Wage Arrestment Expert immediately on 0141 255 2634.
What fees can Stirling Park charge me?
At each stage of the debt collection process, Stirling Park can charge a number of different fees on top of the amount owed. We have outlined the fees structure below:
|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|
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|
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|
Taking possession of belonging
|Taking Possession of Goods||Fees|
|Arranging and carrying out possession||£145.90|
Remember, there may be further admin fees applied by Stirling Park for things like phone calls or making duplicate copies of any documents etc. For more information on what fees you may be charged by sheriffs, call Wage Arrestment Expert on 0141 255 2634 or complete the form above to request a call-back.
How do I make a complaint about Stirling Park’s sheriff officers?
If you believe that a sheriff officer has not acted in accordance with the law for the purpose of debt collection, we recommend that you contact Stirling Park’s compliance team and request to speak to a manager or senior member. We advise that you make a note of who you spoke with, at what time and date for your own records. If you contact them via post, make sure to send any complaint letters through a recorded delivery service.
Alternatively, if the response you have received is not satisfactory, you need to get in communication with the Sheriff Principal located at your local Sheriff Court or the Society of Messengers-at Arms, see contact details below.
Society of Messengers-at-Arms and Sheriff Officers
8-12 Torphichen Street,
Telephone: 0131 228 2866
Business Rates debt collection – Stirling Park
Stirling Park is also contracted by local authorities to recover non-payment of business rates. The same procedures and laws are followed as we have previously explained above for council tax arrears. This also means you have similar legal rights, giving you the option to apply for a time to pay order through the sheriff court or a debt payment programme to prevent further diligence from taking place. However, it is important to note that the local authority has the option to apply to make you bankrupt if you have business rates arrears of more than £3,000 and Stirling Park are unable to recover the debt using any other form of diligence (see above). If they pursue this route, you will no longer have time to apply to the sheriff court for a time to pay order.
Note: Bankruptcy, like many other options has its own advantages and disadvantages. It is important to ensure you’re getting the right advice that is up to date from a specialist advisor. You could potentially lose your assets, business, or property. If you owe business rates and are concerned about the local authority applying for bankruptcy, call Wage Arrestment Expert on 0141 255 2634
Benefit overpayment debt collection – Stirling Park
If you have received a benefit overpayment from the council, you should receive a notification that explains the circumstances involved that lead to this. You will also be expected to pay back this overpayment. If you fail or refuse to repay the benefit(s) overpayment, the local authority will use the same laws and debt recovery procedures explained above for council tax arrears to recover this money.
If you have been contacted by Stirling Park sheriff officers about a benefit overpayment and you would like further information on what to do next. Contact us on 0141 255 2634 or complete the contact form above to request a call-back.
Consumer and private debt collection – Stirling Park
The sheriff company also provides debt collection recovery for the Scottish private sector as well as public sector. This includes landlords. Stirling Park sheriff officers have the same legal rights previously explained above to recover outstanding debts for things like rent arrears, loans, credit cards, store cards, catalogues, overdue bank charges including overdrafts, and a whole range of other consumer debts. Overall, the same laws and processes mentioned above apply, but there will be some differences.
If you have been contacted by the council or sheriff officers, whether it be Stirling Park or any other sheriff company. Call Wage Arrestment Expert today on 0141 255 2634. We provide free expert advice and mediation services, we’re able to negotiate an affordable and sustainable repayment plan for you. Alternatively, complete our online form to request a call-back.
Are you facing a bank arrestment or earnings arrestment, or have one in place already? We may be able to look into a number of solutions available to stop this from taking place or remove it if it’s already in place.
If you would like to contact Stirling Park directly, here are their details: