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

[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?

[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??

[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

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

[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)

[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 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?

[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 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

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

[CleverClogs (RIP)]

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

This is for NON domestic rates,but the period they want the rates for is the bad part,as i was not a tenant in the commercial premises at the time,it now has gone past what is above and they have sent me a letter saying (( debt arrangement and attachment ( scotland) act 2002,intimation of proposed attachment of articles kept outwith dwellinghouses ))officers will be attending your dwellinghouse to execute an attachment of your non essential assets kept outwith your dwellinghouse on a certain day

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

[M4D YN]

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

Yeah this is exactly what the fly swine has done,its so hard to get a hold of him for any law suits/investigations ect,as he is resident in Canada 90% of the time

[SXGuy]

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

Yep, but don't leave it up to the council to know the difference, it may be wise to ask which they are claiming, and make sure what they are actually claiming, if its damage limitation, the unoccupied non domestic rates, will be slightly cheaper, and will reduce the debt.

[PlanB]

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

they are claiming non domestic rates, from what I remember, theres two types, one where you are actually in the commercial property, and one where you are not. It sounds to me like the landlord is claiming that you were still on the lease at the time, regardless of whether you were actually at the premises or not.

This is how I was stung many years ago. Until your name is removed from a lease, the council can charge you unoccupied non domestic rates.

I fear you're right SXGuy (from similar experience). The OP is probably looking at a damage limitation exercise now.

[SXGuy]

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

I read you said they are claiming non domestic rates, from what I remember, theres two types, one where you are actually in the commercial property, and one where you are not. It sounds to me like the landlord is claiming that you were still on the lease at the time, regardless of whether you were actually at the premises or not.

This is how I was stung many years ago. Until your name is removed from a lease, the council can charge you unoccupied non domestic rates.