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

[PlanB]

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

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

Our posts crossed.

Please don't think we're being judgemental. We're playing devil's advocate to try to find an angle for you to explore.

From what you say this ex-Landlord is a rogue who needs to be stopped before he stitches up the next hard-working person who falls for his scam.

The more you tell me the more I think you should sue the arse off him. Even if you don't win you'll at least get some satisfaction in making him face up to his actions and explain them to the court. With any luck he'll probably back down rather than face the prospect of doing that.

[PlanB]

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

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

Have you checked with the Sheriff's Office whether a visit is actually scheduled for next Wednesday? Could this letter from the local council be a threat that if you don't pay them (the council) by next Wednesday they will transfer collection to the Sheriff's Office? If so then you still have time to raise a formal complaint to the council by email to prevent the transfer.

Have you previously received the summary warrant from the Sheriff's Office which I mentioned in post #7?

[PlanB]

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

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

Since you say everything was done with cash do you think HMRC know about that? And if he is corrupt shouldn't the local police be told that too?

I know you say he lives in Canada 90% of the time but he presumably has an address in Scotland. If you know it and issue a court summons online, that will get served/sent to his Scottish address. If he fails to respond (because he's in Canada) then I expect you can get a judgement by default (i.e. if he doesn't enter a defence then you can apply for the judgement).

Then the Sheriff's Officers may go round to his gaff to collect his goods if he doesn't pay up

(I need to check out Scottish law before you go down that road though)

[M4D YN]

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

Have you checked with the Sheriff's Office whether a visit is actually scheduled for next Wednesday? Could this letter from the local council be a threat that if you don't pay them (the council) by next Wednesday they will transfer collection to the Sheriff's Office? If so then you still have time to raise a formal complaint to the council by email to prevent the transfer.

Have you previously received the summary warrant from the Sheriff's Office which I mentioned in post #7?

The letter is direct from walkerlove sherrif's

[M4D YN]

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

Since you say everything was done with cash do you think HMRC know about that? And if he is corrupt shouldn't the local police be told that too?

I know you say he lives in Canada 90% of the time but he presumably has an address in Scotland. If you know it and issue a court summons online, that will get served/sent to his Scottish address. If he fails to respond (because he's in Canada) then I expect you can get a judgement by default (i.e. if he doesn't enter a defence then you can apply for the judgement).

Then the Sheriff's Officers may go round to his gaff to collect his goods if he doesn't pay up

(I need to check out Scottish law before you go down that road though)

They are all on to him and have been trying for years to get a hold of him ( acts ghost like) and i want nothing to do with him and just need to deal with whats in front of me and get on with my life,it was 2009 and this is 2014 past is the past

[MrsD]

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

ok to sort out the next week you could start payments
http://www.walkerlove.com/payments/

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. The council it seems to me is just doing what they do, they want the council tax that is due, and they don't much care who pays it as long as someone does. In this case, they have your name, they've found you and you and have taken action to get the council tax which they see as due. If it's not due, you need to tell them there is a problem, if necessary go to the police and stop this guy, I'm afraid that is the choice, you either pay or you complain your way out.

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.

[CleverClogs (RIP)]

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

it was 2009 and this is 2014

When in 2009 was the liability allegedly incurred?

When was the Liability Order made?

[M4D YN]

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

[M4D YN]

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

ok to sort out the next week you could start payments
http://www.walkerlove.com/payments/

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. The council it seems to me is just doing what they do, they want the council tax that is due, and they don't much care who pays it as long as someone does. In this case, they have your name, they've found you and you and have taken action to get the council tax which they see as due. If it's not due, you need to tell them there is a problem, if necessary go to the police and stop this guy, I'm afraid that is the choice, you either pay or you complain your way out.

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.

It wont be me,got enough to do with my own life

[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.

[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

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)

[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.

[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.

[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.