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

[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.

[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?

[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?

[SXGuy]

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

hmm.

Just cant help people sometimes....

[PlanB]

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

Just cant help people sometimes....

[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!

[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.

[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..

[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.

[SXGuy]

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

Its a shame the op felt the need to run away, perhaps he felt like we were criticising him, however that wasn't our intention, without knowing all the facts we can not help anyone. In my opinion, this whole mess has gotten way to far, it should have been stopped long before the sheriffs had been called.

I fear that the op's recent action regarding the forum, is just a small example of a bigger reason for why this situation has gone way to far and out of control. Simple was no need for any of it, if there was no tenancy agreement, there was no case, plain and simple. I cant help but worry the Op buried his head in the sand during the whole thing only to seek help at the 11th hour.

[CleverClogs (RIP)]

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

Its a shame the op felt the need to run away, perhaps he felt like we were criticising him, however that wasn't our intention, without knowing all the facts we can not help anyone.

I hope my posts may have been of some help, but much of the solution must depend on the OP.

Like the proverb has it, "You can lead a blonde, Essex girl to a library, but you cannot make her think."

[Never-In-Doubt]

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..

Yes and you'll not see, on that forum, the actual real stories when the debtor follows the "advice" given..... It holds NO water in our current courtroom and you will always lose, as the others on the forum have done.

I do presume you're referring to Get out of Debt free forum.....

[Never-In-Doubt]

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

Like the proverb has it, "You can lead a blonde, Essex girl to a library, but you cannot make her think."

[PlanB]

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

Its a shame the op felt the need to run away, . . . . . this whole mess has gotten way to far, it should have been stopped long before the sheriffs had been called.

I fear that the op's recent action regarding the forum, is just a small example of a bigger reason for why this situation has gone way to far and out of control. Simple was no need for any of it, if there was no tenancy agreement, there was no case, plain and simple. I cant help but worry the Op buried his head in the sand during the whole thing only to seek help at the 11th hour.

^^^^ That's a bit harsh Hindsight is a wonderful thing.

Haven't we all buried our heads in the sand at some point only to seek help here at the 11th hour? I know I did.

[SaltnVinegar]

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..

If you mean GOODF then there are plenty of people who have followed that route and ended up seeking advice here when the court claim landed on their doormat.........