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

[CleverClogs (RIP)]

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

I rather fear that you may have to pay the buggers for now and then try to get your money back later.

[M4D YN]

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

I rather fear that you may have to pay the buggers for now and then try to get your money back later.

I was hoping for a better result than that lol,think i may wait to they come and tell them to do one or i'll throw them down the stairs backwards

[CleverClogs (RIP)]

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

I was hoping for a better result than that lol,think i may wait to they come and tell them to do one or i'll throw them down the stairs backwards

What stairs?

Do you have stairs outside your dwelling house?

[PlanB]

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

i may wait to they come and tell them to do one or i'll throw them down the stairs backwards

OR you could give us a little more information on the alleged debt so we can maybe give you a reason to lawfully frustrate the visit scheduled for next Wednesday?

Seriously, if you don't owe the money then you don't owe the money.

[CleverClogs (RIP)]

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

I have no idea whether you can pay the amount claimed in order to prevent these thugs taking ... TV away

It would be a truly remarkable flat screen TV if it were kept outwith the OP's dwelling house.

Well, I did think the "outwith" word might be an issue.

"Outwith" just means that only goods outside the dwelling house can be seized, providing those goods are not otherwise considered exempt, and that no application has been made for an Extraordinary Attachment Order that would allow the baboons to force entry into the dwelling house.

Television receivers are, however, exempted by Schedule 2 of the Act (link)

[M4D YN]

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

What stairs?

Do you have stairs outside your dwelling house?

Well if there coming to my house,i stay in a flat and have the stairs in the close to throw the m down

[M4D YN]

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

Thanks so much for all the help guys,means a lot

[M4D YN]

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

OR you could give us a little more information on the alleged debt so we can maybe give you a reason to lawfully frustrate the visit scheduled for next Wednesday?

Seriously, if you don't owe the money then you don't owe the money.

What other info could i supply??

[PlanB]

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

"Outwith" just means that only goods outside the dwelling house can be seized

So the OP could park his car in his upstairs spare bedroom to avoid seizure?

I read somewhere on Google (so not reliable) that Sheriff Officers (Scotland) can enter a home and seize stuff even if the owner is absent (i.e. break in). Is this true?

[PlanB]

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

Thanks so much for all the help guys,means a lot

It's what we do

I'm logging off now but I'll be back tomorrow.

[M4D YN]

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

It's what we do

I'm logging off now but I'll be back tomorrow.

Nighty night

[CleverClogs (RIP)]

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

So the OP could park his car in his upstairs spare bedroom to avoid seizure?

Yes. Or in his bathroom...

I read somewhere on Google (so not reliable) that Sheriff Officers (Scotland) can enter a home and seize stuff even if the owner is absent (i.e. break in). Is this true?

Yes and no - read Part 3 (link) of the Act. There are certain legal niceties that should be followed.

[SXGuy]

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

Im a bit confused, or maybe just haven't read the thread correctly. The op seems to have the opinion that nothing should have been claimed, we have established that its probably unoccupied non domestic rates, but the op hasn't actually made it clear whether their name was on a lease or not.

I don't actually think the landlord has done anything wrong here, unless you can tell me that the lease had expired, been made void, the debt is owed.

Im not trying to be nasty, but complaining the landlord has issued a summons for money due when you owed it, isn't exactly unfair. Of course we will try and help you as much we can, but lets keep this in the context it should be in.

[M4D YN]

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

Im a bit confused, or maybe just haven't read the thread correctly. The op seems to have the opinion that nothing should have been claimed, we have established that its probably unoccupied non domestic rates, but the op hasn't actually made it clear whether their name was on a lease or not.

I don't actually think the landlord has done anything wrong here, unless you can tell me that the lease had expired, been made void, the debt is owed.

Im not trying to be nasty, but complaining the landlord has issued a summons for money due when you owed it, isn't exactly unfair. Of course we will try and help you as much we can, but lets keep this in the context it should be in.

Its the local council that has sent me the letter with the threat of action of sheriff officers to the door if i don't pay the amount of £500 for rates to the privately owned unit i used to have and used to occupy,i had left the unit but they still want the rates for it and it was all down to the word of the ever so corrupt owner of the unit that the council already new about,he also never had any agreement or tenancy on paper,it was based on how long or short we wanted the unit,they were also already investigating him,but will take his lying word over mines,me the tenant that told them they never had a problem before with when the rates were due on the property and for the matter of the landlord doing nothing wrong,ONLY if you were in my position like many other that tried the hardest to run a business from one of very few limited units available in the area,Oh and i never put it up for debate or to need to justify myself,looked for help only,because i am not in the habit of advertising my problems on the net whatsoever and its hard to ask for help,think i'd rather pay the money now than ever ask for any help on any internet again

[PlanB]

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

1. I note that you have cast some doubt on the efficiency of the council, but have you made a formal complaint?
2. If you have made a complaint, what was the result and how high up the council's paid staff did it go?
3. Have you complained to the CEO of West Dunbartonshire Council, Ms Joyce White? (email - joyce.white@west-dunbarton.gov.uk)
4. If you exhausted all the possible means to complain, did you then take the matter to the Scottish Public Services Ombudsperson? (link)
5. Have you moaned about this to your elected councillors, MP and/or MSP? Find the snollygosters at http://www.writetothem.com

I have done none of the above,this is my first problem like this and ain't no good at letters/emails ect,i am a go up to the counter or phone and shout and ball at them type character,which will cause more hassle than its worth mostly

M4DYN the way I see it the only way to avoid next Wednesday's visit is to take Cloggy's advice and make a formal complaint. The Council will probably have the authority to cancel the visit while the matter is fully investigated. You will need to give them a reason to investigate. If you firmly believe that your lease had ended or been cancelled then tell them that and back it up with paperwork. If you don't have the paperwork then they won't believe you but they may investigate anyway.

It's my understanding that you still have the option to make an arrangement to pay this to the Sheriff's Office by instalments if you prefer not to pay the lump sum. If you enter into that agreement on Monday/Tuesday then they will have no reason to send the Sheriff's Officers to your home on Wednesday. You can then tackle the ex-Landlord afterwards by sending him a Letter Before Action (aka pre-sue letter in Scotland) which sets out your claim (you want to recover the £503.91 which you say he owes the council not you) and give him a date by which he must refund you or you will issue legal proceedings.

Here is how to sue your ex-Landlord and it's cheaper than you think: http://scotland.shelter.org.uk/get_a...ction_to_court