Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

[MrsD]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

that's not how we operate here, we have to ask a lot of questions to get to the salient facts, we can't help if we don't know what we're helping with.

I hope that the OP will come back and tell us about his progress to-day, the whole point of an open forum like this one is so that people can get help and that situation is addressed and is there for the next poor bugger with a similar problem.

[Pat]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

I saw.this and as a new member I thought I would say that if you don't like the advise given why come here.

I have been on another website who seem to say send three letters then say you have tacit agreement and then send a b bill for breathing your air..

[CleverClogs (RIP)]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

Perhaps someone should have quoted some antient law dating back to Robert the Bruce or Hagar the Gangbanger, whereby the sheriff's officers may be deemed to be trespassers and lawfully slain if one was wearing a philamore (great kilt) and did the deed with one stroke of one's claymore?

Or some such rubbish.

[cymruambyth]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

Strange, he didn't seem to like the fact that questions were asked to fully understand the situation before advice could be given!

[PlanB]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

Just cant help people sometimes....

[SXGuy]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

hmm.

Just cant help people sometimes....

[Never-In-Doubt]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

The OP emailed asking about closing his account so I'm not sure that they'll be back for whatever reason?

[PlanB]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

it seems that the council do not have any idea that you were not the tenant, and that the landlord is claiming you were.

You say the agreement was never agreed on paper, and you paid him cash, then there is no evidence you were the tenant at the time..

• 

That's exactly what I was thinking SXGuy. The onus is on the council to prove that this debt is owed by the OP. What evidence have they got if no paperwork ever existed?

[SXGuy]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

From what you have said, it seems that the council do not have any idea that you were not the tenant, and that the landlord is claiming you were.

You say the agreement was never agreed on paper, and you paid him cash, then there is no evidence you were the tenant at the time.

Im shocked its got all the way to a sheriff. Im no expert on Scottish law, but from my perspective, when I had similar troubles with rates and believing I was no longer the tenant, I had plenty of occasions to speak to the council, long before they went ahead with the summons.

Furthermore, they were quite happy to pick at my tenancy agreement to argue their point long before the claim also.

I would have thought a quick explanation to the council that you wasn't the tenant and the landlord cant prove otherwise, would have made them walk away. Its shocking really.

[CleverClogs (RIP)]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

Cloggy knows all about *bailiffs*

I don't.

I merely dissemble convincingly.

[PlanB]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

Perhaps your best bet to get this resolved would be to contact your local Law Centre:

http://www.scottishlaw.org.uk/lawfirms/lawcentres.html
http://scotlawcentres.blogspot.co.uk/
http://scotland.shelter.org.uk/get_a...on/law_centres
http://www.govanlc.com/salc.htm (the link for West Dunbarton is buggered)

I told you I would ask a clever person to help you Cloggy knows all about *bailiffs* or whatever you guys in Scotland call them.

I've sent a PM to a clever person

You have until next Wednesday to sort this. Stay calm in the meantime.

[PlanB]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

if the Landlord is ripping people off he'll continue to do so until someone stops him, by just paying up and getting it over with, you are actually colluding with him.

. . . . . hard I know but no one on AAD has ever gotten anywhere with our assorted financial problems without working hard at proving the creditors are wrong, it can take a lot of letters and a long time but it can be done, the golden rule always is that if you are prepared to lie down, they WILL stomp all over you.

I couldn't agree more with you MrsD

If M4D YN is quite rightly angry about being ripped off by this rogue landlord then paying the debt to avoid a visit from the Sheriff's Officers on Wednesday isn't going to close the file for him. If he feels he has the strength to fight this situation (with our help) then he should because that will bring him the closure he deserves.

[CleverClogs (RIP)]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

Perhaps your best bet to get this resolved would be to contact your local Law Centre:

http://www.scottishlaw.org.uk/lawfirms/lawcentres.html
http://scotlawcentres.blogspot.co.uk/
http://scotland.shelter.org.uk/get_a...on/law_centres
http://www.govanlc.com/salc.htm (the link for West Dunbarton is buggered)

[M4D YN]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

The reason that I asked about the timing of this is that the Prescription and Limitation (Scotland) Act 1973 (link) might have extinguished the obligation to pay.

I am all up for any questions wether i can answer them or not is a diff story

[CleverClogs (RIP)]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

When in 2009 was the liability allegedly incurred?

When was the Liability Order made?

A bit lost with all this,its been going on from early 2009 thats all i have,never had much info even back then,so have nothing now

The reason that I asked about the timing of this is that the Prescription and Limitation (Scotland) Act 1973 (link) might have extinguished the obligation to pay.