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CCR-i: Scottish EnforcementPresented by:William CameronRegional Manager – Enforcement Services

6th October 2015

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Nature of office

+ Training and Qualification+ Dual role – Sheriff Officer / Messenger-at-Arms+ Regulations and conduct+ Professional association+ Compulsory CPD+ Deprivation of office

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Enforcement in Scotland

Types of action Judgement (Decree) - 1Court of Session (now over £100K only)Sheriff Court - classes of action:+ up to £3,000 - Small Claims+ £3000- £5,000 - Summary Cause+ Over £5,000 - Ordinary Cause

Summary Warrant Procedure:+ H M Revenue and Customs;+ Local Government - Council Tax and Non Domestic

Rates only

Other: + Any document of debt containing a clause for

registration for execution (minute of agreement, guarantee, separation agreement etc)

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Enforcement in Scotland

Types of action Judgement (Decree) – 2

Non-Scottish judgements (other parts of UK) + Registered in the Books of Council and Session (Court

of Session)+ Any monetary amount+ Like force and effect of Scottish Decree+ Cannot be registered in the Sheriff Court+ Enforceable by Messenger-at-Arms only

Non Court Warrants for Execution+ Employment Tribunal Award+ Parking+ Housing Benefit+ Civil Penalties

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Enforcement options: Scotland“and the Sheriff (or Lords) grants warrant for all lawful execution hereon”Charge for Payment:+ Prerequisite to any further action*+ Equivalent to compliance under TCE+ Visit to property by Officer+ 14 day period must expire prior to further action+ Provision of Debt Advice and Information Package* (Not required prior to Arrestment in Execution on Inhibtion)

Earning Arrestment:+ Sent to employer by officer+ Equivalent to attachment of earnings order+ Most popular enforcement option in Scotland for

individual

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Enforcement options: ScotlandArrestment in execution+ Served by Officer directly on third party+ Equivalent to Third Party Debt order+ Statutory automatic release period (funds only)+ Only freezes funds/assets on date/time of service

Attachment+ Seizure of goods in debtor’s possession+ Equivalent to writ of control+ Only competent outwith dwelling house (vehicles,

commercial premises)+ Concluded by public auction (at premises or auction

room only)

Exceptional attachment order+ Special application to Sheriff+ Authorises attachment of assets within dwelling+ Attached and removal at same time+ Concluded by public auction at auction room

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Enforcement options: ScotlandMoney Attachment+ Allows seizure of cash and cheques (inc foreign

currency)+ Commercial premises only+ Sheriff authorises payment order+ Payment to creditor (less enforcement fees!)

Inhibition+ Document served by Officer on debtor+ Equivalent to charging order+ Prevents disposal of owned heritable property in

Scotland+ Registered at ROS (Scottish Land Register)+ Preventative Diligence only but lasts for 5 years

A lot more tools at our disposal!

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Enforcement fees: Scotland

+ All fully recoverable from debtor*+ Decree provides mandate to collect but Officer does not

act as collection agent+ No administration or commission fees chargeable to

debtor (exception to rule – local authority procurement contracts)

+ Instructions provided to execute enforcement at different intervals by creditor or creditor’s agent (Solicitor)

(*fee for abortive attachments not recoverable)

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Enforcement Fee: ScotlandExamples of chargeable feesEnforcement option Under £1500 Over £1500 Messenger-at-

ArmsCharge / Arrestment £50.05 £78.10 £99.85

Earnings Arrestment £36.27 £58.17 £64.57

Attachment/ Money Attachment(based on value of goods)£681 or under £681-£2,737Then 10%, 5% after £3,028 for vehicles, heavy plant

£106.00£159.25

£106.00£159.25

£106.00£159.25

Inhibition £64.50 £99.85 £99.85

Auction Minimum £219.90 Minimum £247.95

Minimum £269.70

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Any questions?

Contact usEmail: admindept@scottandco.uk.comTelephone: 0845 345 8980Website: www.scottandco.uk.com

Copyright © 2015

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