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Recently moved from England and unsure about Scottish system for CC collection


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I've recently moved from England and mailny thanks to this site have become familliar with the English ballif system and council tax collection. I have arrears from England and was paying the council direct but have been out of work so had to stop paying. I've always ignored Balliffs and never paid anything above the fees they are emtitled to and have never let them into the property. This was made easier by the fact they always called when I was out at work.

 

I have found some part time work so will be able to pay something off the arrere soon.

 

What i'd like to know is can an English Liability order be enforced in Scotland?

 

What are the Scottish equivilant of Balliffs?

 

Is the law up here the same i.e if I refuse them entry they cannot gain access to my property or levy on any goods. They can only charge for 2 visits and nothing more.

 

Thanks in advance for your help.

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Completly different systems.

 

 

Have you lived in Scotland for more than 3 months?

 

WE do not have bailiffs, we have sheriff officers.

 

Rather than attending to remove goods they will apply for a wages/bank arrestment, if you ignore their letters.

 

Ida x

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yes it can be..........

 

How long have you been up here?

 

 

what bailiff company is it?

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I've been up here just 3 days.

 

There is no Ba;;if action as yet but with me stopping payments for 3 months there may well be. I'm just trying to get clued up on the law up here and how things work so that I know my rights etc.

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Ok well then it would be transferred to a sheriff officer up here to serve a charge for payment.

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/185249-have-you-received-charge.html

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Just some more info about enforcing liability orders in Scotland:

 

LIABILITY ORDERS: ENFORCEMENT THROUGHOUT UNITED KINGDOM

 

 

HC Deb 18 July 1991 vol 195 cc526-7

 

—(1) The Secretary of State may by regulations provide for—

  1. (a) any liability order made by a court in England and Wales; or
  2. (b) any corresponding order made by a court in Northern Ireland,

to be enforced in Scotland as if it had been made by the sheriff.

 

 

 

What probably will happen is that you will either receive a letter or visit from the sheriff officers. You shouldn't be intimidated by them and they can only come in if you invite them in - so don't. In fact don't even speak to them if you don't feel like it.

 

They would only be able to force entry after a special attachment order had been granted by the sheriff, which they won't have obtained. There would need to be a court hearing to obtain this of which you would be notified as you have the right to contest the application.

 

You say you work part time so I assume your income is fairly low. The following link is a table of the amounts that could be legally be arrested from your earnings in Scotland and it's useful to be aware of these amounts when requesting time to pay or simply coming to an out of court agreement with the sheriff officers Earnings Arrestment Tables

 

Just remember that if you are going to make an offer of payment to put it in writing and keep a copy :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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