Scottish and English debt laws are different, so if you are a Scottish resident and have questions on debt, then this is the place to post.

Moderators: TalbotWoods, JaneClack

By Feux Verts
#20553 JLP

If a SO does an attachment on a vehicle in a driveway and the debtor pays the value of the attachment to the SO within the 14 days - can they then re-attach the vehicle later? Or by paying the value does that exempt the vehicle from being attached again?

Thanks
By JLP
#20684 I am not 100% sure of the answer to this as it isnt something I have come across, BUT will go and find out for you and post back.......... :D
By Feux Verts
#21004
JLP wrote:I am not 100% sure of the answer to this as it isnt something I have come across, BUT will go and find out for you and post back.......... :D


Did you get any joy?
By JLP
#21143 Not so far-I havent been in the office last few days, attending seminars on the DAS, will try and find out today.
By Mel_Odious
#21145 Was ist das?

Don't worry, I know just my little German joke. I don't think I mentioned the war.
By JLP
#21149 OK from what I have been able to find out, they CAN re-attach it for a seperate debt. Say for example they have attached it for 2003/4 Council Tax and the debt has been paid off, they can re-attach it if you don't pay 2004/5 as this is a separate debt.

We have had people going through the Debt Payment Programme in Scotland for Council Tax arrears only as each year is treated separately. Oh and if there are any Scottish Homeowners out there with CT debt-be careful.Some councils are starting Sequestration proceedings against Council Tax Debtors to get at the equity.................
By Feux Verts
#21172 Thanks for that JLP - I'll pass that on.

There have been a few Sequestration orders in SA (I should point out at this point that Mrs FV works for SAC!) but the guy I spoke to wasn't aware of any successful cases yet. It seems to be more a part of the "machinery".
By JLP
#21194 North Lanarkshire Council are doing it by the bucketload, there has been some in Dumfries and Galloway, one or 2 in North Ayrshire and now Glasgow are jumping on the bandwagon so I hear.
By Feux Verts
#21200 I don't think (but can't be sure yet) that Sequestration can be dealt with by Summary Cause. It HAS to go to the Sheriff Court and therefore is risky for the Councils' Legal Departments. I know of two that were served Stautory Notices and defended on Part Admission citing poor records and invalid service by the SO (papers were missed or in breach of DPA). No more action. Back into the "machinery". One was a genuine "can't pay" the other was a "protestor". One would have won in court easily (can't pay) the other was of considerable financial means (Offshore worker) and would have been stuffed.

Watch keenly!
By JLP
#21202 We are- we are trying to find ways round this......... :evil: