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Summary Warrant/Sequestration
Aug 6th, 2008, 11:49am
Please can someone advise on a question I have:-
Does a summary warrant qualify me to apply for sequestration or do I have to have the attchment of goods thing first?
Many thanks in advance.
Best wishes,
Debbie
PS - I have amended this post as it is a summary warrant and not a statutory demand as I originally thought - oops.
« Last Edit: Aug 6th, 2008, 7:08pm by debsp »
confused.com
Gold Member
Re: Statutory Demand/Sequestration
Reply #1 - Aug 6th, 2008, 3:12pm
Bump for Plummie/Bing - the experts will definitely be able to help with your Scottish worries.
Mr C
« Last Edit: Aug 6th, 2008, 3:13pm by confused.com »
plumduff
Administrator
Re: Summary Warrant/Sequestration
Reply #2 - Aug 6th, 2008, 7:53pm
Apparently summary warrants only apply to taxes and local authoprity debts.. see this:
http://www.insolvencyhelpline.co.uk/trust_deeds/introduction_to_sequestration.php... allows creditor to pursue sequestration, but not sure if the individual can.. at the mo..
See also this.. http://www.invernesscab.org.uk/debt/debt4.html
as it sounds like you need an adviser to help with this.. SW's sound like Liability orders in England/Wales.. the LA does not need to give you warning according to this link to proceed with further action..
Whether you can apply for your own bankruptcy or sequestration after receiving a summary warrant (and there have been changes to Insolvency law in Scotland this year).. I dont know.. Maybe someone else does...?
« Last Edit: Aug 6th, 2008, 7:53pm by plumduff »
debsp
Topic Starter
Junior Member
Re: Summary Warrant/Sequestration
Reply #3 - Aug 6th, 2008, 8:07pm
Thank you Plumduff. You are quite right, it is for a Council Tax debt. Basically, my partner has been diagnosed with a severe mental illness and has been off work for the past year or so, but is still receiving most of his salary from work.
He no longer lives in his property and it will shortly be repossessed. He has stopped paying any bills at all, but no one seems to want to start the sequestration process (which is what he wants).
After a 'google' I think the next step will be that his wages will be arrested, but I am not sure how they will know who his employer is?
It is all very confusing, but I am sure that there must be a way around it.
Thank you for you advice.
« Last Edit: Aug 6th, 2008, 8:08pm by debsp »
bing
Administrator
Re: Summary Warrant/Sequestration
Reply #4 - Aug 6th, 2008, 8:34pm
Be very careful. The new changes in Scottish debt law also include court appointed bailiffs in the new process. Speak to the Court, or the Money Advisor (contact info in the Scotland debtors thread).
debsp
Topic Starter
Junior Member
Re: Summary Warrant/Sequestration
Reply #5 - Aug 6th, 2008, 9:23pm
Hi Bing and Plumduff
Many thanks for taking the time to reply, it is very much appreciated.
He has not yet provided any details of National Insurance number etc as requested on the Summary Warrant, so am I correct that he does nothing and waits for now?
bing
Administrator
Re: Summary Warrant/Sequestration
Reply #6 - Aug 7th, 2008, 11:15am
B*gger. Sorry PD, I accidentally deleted your post!!
Just mention again, Scotland DOES have bailiffs now. But only for certain debts. Council Tax etc. The court CAN issue bailiff into the process.
The bailiffs will be instructed to call at the property that the council have as his address.. SO will call at his property, as this is where the debt accrued from.. And also maybe yours if you have informed the council he is now in occupation at your home..
Assuming also, the council have had the intelligence to link the two addresses...
bing
Administrator
Re: Summary Warrant/Sequestration
Reply #9 - Aug 7th, 2008, 8:08pm
Sorry PD. Meant to click 'Quote'.
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