Legal Enforcement Stream at CCR-interactive

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CCR-i:
Scottish Enforcement
Presented by:
William Cameron
Regional 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) - 1
Court 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

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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:
Scotland
Arrestment 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:
Scotland
Money 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: Scotland
Examples of chargeable fees
Enforcement option Under £1500 Over £1500 Messenger-at-
Arms
Charge / 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-£2,737
Then 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?

12. Contact us
Email: admindept@scottandco.uk.com
Telephone: 0845 345 8980
Website: www.scottandco.uk.com
Copyright © 2015
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