Who are Scott & Co (Scotland) LLP?
We are a debt collection and enforcement business who collect debts including Council Tax on behalf of Councils. The Council may obtain a Summary Warrant from the Sheriff Court which authorises us to collect and enforce on their behalf.
What is a Summary Warrant?
This is a court order granted by the Sheriff Court for certain types of debts owed to local authorities or HMRC. The Summary Warrant adds a 10% penalty to your balance. It also authorises a Sheriff Officer to execute a Charge for Payment of Money and take enforcement action.
I am unhappy a Summary Warrant has been granted and 10% penalty applied.
We are unable to dispute the Summary Warrant granted or 10% penalty applied. Please contact the council to discuss.
Will a Summary Warrant impact my credit rating?
This does not impact your credit rating.
Can I pay my share of the balance if the debt is owed by more than one person?
Yes, however, all customers remain liable for the balance until paid in full.
Can you arrange deductions from my benefits?
It is not possible for us to do this.
I have received a Charge for Payment of Money – what is this?
This is a legal document which demands you to pay the money owed. It is served by a Sheriff Officer and Witness and gives you 14 days from date of service to agree payment terms. If terms are not agreed, you may be subject to enforcement action. We strongly recommend you contact us within 14 days of receiving a Charge for Payment.
What are the most common forms of enforcement action?
- Bank Arrestment
- Earnings Arrestment
- Sequestration (bankruptcy application)
What is a Bank Arrestment?
It is a court schedule sent to your bank instructing them to take money from your account to the value of your debt. This applies to any type of bank account which holds your name. There is a Protected Minimum Balance (PMB) of £1,000 on accounts. This means only funds over the PMB of £1,000 can be arrested.
Will my bank account be frozen?
This is not standard practice; however, we recommend contacting your bank if you experience any difficulties.
Why have you taken all my money?
This is not standard practice; however, we recommend contacting your bank if you experience any difficulties.
The money in my bank account does not belong to me.
A Bank Arrestment can be applied to any bank account in your name.
What is an Earnings Arrestment?
A court schedule is sent to your employer instructing them to deduct money directly from your wages. You will also receive a copy of the court schedule including details of the deduction calculation. This calculation is based on how much you earn. The funds deducted are then passed to us as payment towards your outstanding debt. Questions concerning deductions should be raised with your payroll team.
Can you change the level of deductions from my wage?
No, the deductions are set by the deduction table attached to your court schedule.
What is Sequestration/ bankruptcy?
This is a formal process in which you are declared bankrupt by the Accountant in Bankruptcy (AiB) or the relative Sheriff Court. It is called Sequestration in Scotland.
What advice is available if I am going to be Sequestrated?
You should seek independent money advice as soon as possible. The contact details for free, impartial, money advice agencies are available in the Debt Advice section of our website.
Can I do anything to prevent Sequestration?
You should contact us immediately to discuss what options may be available.