In case you missed it look at my response at http://www.debtquestions.co.uk/debt_for ... php?t=5766
OK this is one where you are going to have to wiat for JLP, I know JLP was doing some diggin on this in another forum as some concerns were coming up.
But as you apreciate this more complex than it sounds as it is Scotlands attempt to bring themselves into line the the English law.
However, in response to the concerns in the new articles, here are the links to both CAS and Shelter (Scotlands) responses, which have prompted the artical.
http://scotland.shelter.org.uk/policy/p ... plitem/203
I would suspect JLP will be able to put in some pertinent and factual content on here.
(The sassanach from way down south!)
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The part about being able to go Bankrupt on a Summary Warrant will be great for those clients who have no assets but cant get a Creditor to take them to Court and we are all loving the year Bankruptcy bit. However it is being discussed among the higher echelons that only Money Advisors that have been Approved under the Debt Arrangement Scheme will be able to assist with Debtor Petitions. Now various Money Advisors have objected to becoming Approved because it is a hell of a lot of work and legal responsibility and no extra pay, there are other issues too like Caseloads etc.Problem will be as there are only about 40 plus Accredited Advisors in Scotland and it doesnt cover every area, it is going to cause a lot o problems for people who wish to sequestrate themselves eg Access to a Money Advisor.
The diligence side-well the Land Attachment . Now we had Inhibition Orders (kinna similar to English Charging Orders) BUT very few creditors used this as an enforcement method up here, as it was too expensive.This was due to it being heard in the Court of Sessions(, and there had to be some mega good case before Lord whoever would grant one. Its now going to happen in the Sheriff Court (similar to the English Magistrates Court) which means that Creditors are going to be filing petitions like sweeties. I suspect that many Money Advice Agencies are going to be spending a lot of time in the Court defending these things or submitting Time to Pay Orders and hoping they get accepted. However there are some Councils who are using Statutory Demands to make people Bankrupt for unpaid Council tax-so IMO they will be the one that will mainly use Land Attachments. Remembering that Scottish Councils are ar more aware of how to Enforce debts that English Creditors who are a bit clueless about our Debt Laws as it is. As I said the English enforcement always had charging orders-but our beloved Scottish Executive have gone one better and can actually force people out their houses......... . We will have to see how fair Sheriffs are when the Warrant to sell comes along, but it will be really really important that a client has representation from a Money Advisor or Solicitor.
Trust Deeds are apparently going to be changed as ar as the £100 a month min Trust Deed will be a thing of the past, as the Creditors wont get such a good dividend.Some IP's have stopped doing them as they arent making enough fees, but for others it is their Bread and Butter. I was speaking to an IP the other day that says that the IP's are just waiting to see what happens as some may not have jobs.
When the bill has had its final reading, we will likely have a big conference and training on it and see how this is all going to work in Practice. Until then its just my thoughts and we will have to wait and see.