Threats of forcing entry.

Arkina · 26th September 2008, 17:04

Hi I hope someone can help advise me.

I got a parking ticket months ago which Ive disputed. It now been passed to Stirling Park who have sent me a letter saying they will be coming on October 3 to recover the money owed. The letter states I have to ensure that there is someone ther to allow them access to my home and to be aware if I dont they will be bringing a locksmith to force entry.

Can they do this??

rory32 · 27th September 2008, 01:40

On what grounds are you disputing the ticket? Has this gone to court?

What does the letter actually state? Does it state that they have an exceptional attachment order?

Are Stirling Park Sheriff Officers?

Arkina · 27th September 2008, 01:47

Im disputing it on the grounds I wasnt in the area at the time. No it hasnt been to court.

It was just a very short brief 5 line letter from them outlining the action nothing more.

And they are, but not the most reputable ones from what Ive read online

rory32 · 27th September 2008, 02:11

In Scotland you need an exceptional attachment order (they will have had to go to court twice to obtain this) to take any goods from your home and even then you can't just break in and are very limited in what they can take.

Quote:

It was just a very short brief 5 line letter from them outlining the action nothing more.

I appreciate you don't want to identify yourself but could you please post this removing any personal details first?

Arkina · 27th September 2008, 02:17

Quote:

Originally Posted by rory32

In Scotland you need an exceptional attachment order (they will have had to go to court twice to obtain this) to take any goods from your home and even then you can't just break in and are very limited in what they can take. I appreciate you don't want to identify yourself but could you please post this removing any personal details first?

So I assume if they were going to court Id have been notified of that?

I cant find the damn thing lol Thats not an excuse honestly. I KNOW its here somewhere and Ill post it as soon as I can lay hands on it.

It is to the effect that:

You have failed to pay this amount and as a result we will be visiting your home on October 3rd to get full payment. Please ensure someone is there to allow us access otherwise our locksmith will force entry.

Ill post the exact wording when I find the letter

rory32 · 27th September 2008, 02:33

Quote:

So I assume if they were going to court Id have been notified of that?

Yes because you have the opportunity to defend the EAO and should have been notified about it.

Arkina · 27th September 2008, 02:54

So the threat of forcing entry is just that - a threat? Presumably to scare me into paying up??

rory32 · 27th September 2008, 03:00

Yes but I would contact your local court just in case.

Arkina · 3rd October 2008, 12:44

Well they came and left.

They have however posted an attachment schedule through my door detailing my car on it.

What happens next if I dont make payment???

Arkina · 3rd October 2008, 19:45

And why would they value my car at £800 when its worth about 10 times that??

rory32 · 3rd October 2008, 21:37

Quote:

why would they value my car at £800 when its worth about 10 times that??

So that they can take it.

Quote:

11 Articles exempt from attachment
(1) It is not competent to attach—
(a) any implements, tools of trade, books or other equipment reasonably required for the use of the debtor in the practice of the debtor’s profession, trade or business and not exceeding in aggregate value £1,000 or such amount as may be prescribed in regulations made by the Scottish Ministers;
(b) any vehicle, the use of which is so reasonably required by the debtor, not exceeding in value £1,000 or such amount as may be prescribed in regulations made by the Scottish Ministers;
(c) a mobile home which is the debtor’s only or principal residence;
(d) any tools or other equipment reasonably required for the purpose of keeping in good order and condition any garden or yard adjacent to, or associated with, a dwellinghouse in which the debtor resides.

What does the attachment schedule state?

Have you received a debt advice and information package?

Arkina · 3rd October 2008, 21:55

Surely they cant get away with making up their own value just to do that. Clearly my car is worth a hell of a lot more than £800!!!

Its as clear as mud. Tells me to contact them with payment, makes no mention of if theyve been to court, are going to court or how long I have to pay.

Can they literally come now any time & take my car??

I rec'd the pack from them they say on 12/9/08 I rec'd it much later than that. I rec'd it and the next day got a letter about todays visit.

rory32 · 3rd October 2008, 21:58

Have you been in touch with the court to see if they have obtained an EAO?

Arkina · 3rd October 2008, 21:59

Ill do that on Monday.

The other thing I wondered, if I make a payment arrangement, which Im tempted to do just now, how safe is it to give them bank/debit card details for a monthly payment, whats to stop them taking the full amount??

rory32 · 3rd October 2008, 22:17

First thing I would do is move your car so that if they do come back it's not there. Even if they have the attachment order I would still make a complaint to the court against the sheriff officers as they are deliberately manipulating the rules of any attachment to suit themselves.

rory32 · 3rd October 2008, 22:20

Quote:

how safe is it to give them bank/debit card details for a monthly payment, whats to stop them taking the full amount??

I don't think they would risk this as they won't know how much money is in the account (if there isn't sufficient funds they'll get nothing). I think the safest option however would be to offer to set up a standing order as only you can alter the amount.

Arkina · 3rd October 2008, 22:23

Quote:

Originally Posted by rory32

First thing I would do is move your car so that if they do come back it's not there. Even if they have the attachment order I would still make a complaint to the court against the sheriff officers as they are deliberately manipulating the rules of any attachment to suit themselves.

Id thought about parking it in the next street, Im hoping if they get no reply to my door and the car isnt there theyd assume I was out. I think its a disgrace they can put a valuation like that on it. Just checked online and the book price is £8200.

Id have felt better had the Attachment Schedule told me how much time I have or how soon they can come back

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