MoneyNerd’s founder, Scott Nelson, has a decade of financial industry experience, including 6 years in FCA regulated loan and credit card companies. Troubled by a lack of conscience in the industry, he founded MoneyNerd to give genuine advice to those in debt and struggling financially.
Could you legally write off some debt? Answer below to get started.
This isn’t a full fact find, MoneyNerd doesn’t give advice. We work with The Debt Advice Service who provide information about your options.
For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.
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For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.
Have you received a letter from Scott and Co Debt Collectors? You’re not alone! Each month, over 170,000 people visit our website to get guidance on debt issues
This article will answer common questions like:
Is Scott and Co a real debt collectors firm?
Where did this debt come from?
Should I pay this debt?
What happens if I can’t afford to pay?
Can I stop them from taking more action?
Research shows that 64% of people in the UK find dealing debt collectors stressful1. So, we truly understand how you feel and are here to help.
Let’s dive in and learn more about Scott and Co Debt Collectors and what you can do if they contact you.
Could you legally write off some debt?
There are several debt solutions in the UK, choosing the right one for you could write off some of your unaffordable debt, but the wrong one may be expensive and drawn out.
Answer below to get started.
This isn’t a full fact find. MoneyNerd doesn’t give advice. We work with The Debt Advice Service who provide information about your options.
Why have you received a letter from Scott and Co?
Scott and Co will get in touch with you if you owe money and they have been asked to retrieve it.
You’ll start receiving Scott & Co debt collection notices through the post as they are working on behalf of a client.
While they work with many private companies, they do a lot of public sector work and often get in touch regarding unpaid council tax bills2.
Unpaid Council Tax and Scott & Co
As mentioned, Scott & Co are tasked to recover council tax arrears.
So, if you fail to make your repayments to your local council on time, you will receive a notification in the form of reminder letters from your local council.
Within 7 days, you will receive a reminder requesting that you make the payment. It will also give you the option to make the repayment in the form of instalments.
Failing to make your payment at this point will cause them to send you another reminder within 14 days. Only this time, the option to make your payment in the form of instalments will have been revoked.
If you still don’t make your payment, then your local council can apply to the Sherriff Court for a summary warrant.
If this warrant is granted, then they can pass your debt onto Scott and Co Edinburgh.
How a debt solution could help
Some debt solutions can:
Stop nasty calls from creditors
Freeze interest and charges
Reduce your monthly payments
A few debt solutions can even result in writing off some of your debt.
Here’s an example:
Situation
Monthly income
£2,504
Monthly expenses
£2,345
Total debt
£32,049
Monthly debt repayments
Before
£587
After
£158
£429 reduction in monthly payments
If you want to learn what debt solutions are available to you, click the button below to get started.
The average unsecured debt has increased by 25% year-on-year, rising to £13,9413. So it’s common for people to struggle with debt.
If you find yourself in this situation and can’t pay Scott & Co, it’s important to talk to them so you can arrange an instalment plan.
Keep in mind that if you refuse to pay, the consequences can be extreme.
If you are unable or refuse to pay, the council can use ‘diligence’4, which is an enforcement right they can pass onto Scott and Co.
This gives Scott and Co the right to act in the following ways to recoup the debt:
1. Earnings arrestment
When you fail to make an attempt to pay, Scott and Co can contact your employer and request that they take payments directly from your wages until the debt and Scott and Co’s fees have been paid.
However, you will be sent an information package about debt advice 12 weeks prior to your earnings arrestment summons.
This can be deterred by applying for a Time to Pay Order.
2. Bank arrestment
Scott and Co have the power to freeze your bank account.
It will then remain frozen until you agree to pay a sum to clear your debt or begin making repayments.
After 14 weeks, the bank releases the sum Scott and Co have applied for without needing your consent.
Having your account frozen can be harmful because your direct debits and other payments will not be made, meaning that you may incur fees for other late bills.
If Scott and Co decide to take this action, they have to leave at least £494.01 in your bank. You can also apply for more if this would cause serious hardship.
Again, a Time to Pay Order can halt this action.
Will Scott and Co be able to come to your Home?
Our financial expert, Janine, explains that having a debt collector at your door can be scary, especially when you are already under huge financial stress.
But It’s crucial that you stay calm and know your rights. They have no power to enter your home or take any of your possessions.
If they try to enter your property, they may be breaking the law, and you can contact the police.
Debt collection agencies collect debt on behalf of another company who you owe the money to, for instance, banks, credit card companies and even the council.
We’ve put together this quick table to help you better understand the debt collector timeline and the actions involved. For more information, be sure to check out our specialized guide.
Stage
Actions
What you should do:
Missing one or two small payments
Calls and letters from the debt collector asking for payment. They may enquire about reasons for missing payments.
Contact the debt collector and offer to pay what you can. If you are struggling to pay the debt, get in touch with us to explore your options.
Missing large or multiple payments
Their contact will become more frequent, urgent, and threatening.
Contact the debt collection agency and offer to pay what you can. You may also make a complaint if you think the letters are a form of harassment.
Debt collector visit
After a few months, if the debt is significant (£200+) you will receive notice of a debt collector visit. They have to notify you before arriving. Debt collectors cannot take anything from your home – they may only ask for payment.
If a debt collector shows up at your home, ask them to show proof of the debt and their ID through a window. Do not open your door or let them in. You can arrange a payment plan with the debt collector, but make sure to get a receipt of this.
Court
If you still do not pay your debts to the original lender/debt collector agency, they will take you to court and either attempt to: – File a CCJ against you. – File an attachment of earnings order. – File a lawsuit against you.
You must show up to your court date. From here, you can either dispute the debt, or the judge will likely suggest a manageable repayment plan for you.
How can you get help?
If it’s not possible to get Scott and Co to agree to a
repayment plan you are comfortable with or they will not agree to one at all,
then are several options available to you:
A debt management plan – An agreement to
make manageable monthly payments between you and your creditors.
A debt consolidation loan – A specialized
loan that can help you pay off debt with more than one creditor with one
affordable monthly repayment.
A minimal asset process – A type of
bankruptcy available in Scotland for those on a low income or with little asset
wealth. Some debt could be written off here too.
A Scottish trust deed – This will get you
to pay manageable amounts across 48 months, with the remaining debt forgiven.
A debt arrangement scheme – Similar to a
management plan, it will let you pay over a agreed upon amount of time at an
affordable rate.
IVA – This is a repayment scheme for
those with unmanageable amounts of debt.
Bankruptcy – Sequestering yourself can help to clear your debts you can’t afford but has a serious knock-on effect to your credit score.
Thousands have already tackled their debt
Every day our partners, The Debt Advice Service, help people find out whether they can lower their repayments and finally tackle or write off some of their debt.
Natasha
I’d recommend this firm to anyone struggling with debt – my mind has been put to rest, all is getting sorted.
How do you stop additional action from Scott & Co?
The simplest course of action is to pay the debt you owe.
If it’s not possible to pay the debt upfront, get in touch with Scott and Co and try to arrange a debt repayment plan.
Debt repayment plans with Scott & Co are possible, but we suggest you contact the debt collector as soon as possible after seeking debt advice from an expert, that is.
You can apply for a Time to Pay Order which will halt the proceedings to give you time to make smaller payments to settle the debt.
Alternatively, you can arrange a Debt Arrangement Scheme (DAS) which will freeze interest and stop any proceedings, allowing you time to make payments.
It’s important to note that 10% of the stated debt will be applied to council tax warrants. This is to pay for the administration costs for acquiring the summary warrant.
Other debts may also incur a
similar charge and will be stated clearly in your correspondence.
Testimonial
“I missed my council tax payments last year over two months (2 payments) and subsequently was handed over to Scott and Co to set up a repayment plan and a direct debit. I was told I had to pay around £230 a month back over the same period (my normal payment was £175).” (From AnotherAngryCitizen at MoneySavingExpert.com)
Can you complain about Scott and Co?
Yes, it is possible to make complaints if you’ve been unfairly treated.
It’s always better to write to them via letter or email to maintain a physical copy of your correspondence. Make sure that your letter/email states clearly that it is a complaint, so it’s handled by the right team.
Be as polite as possible and try to resolve your grievances directly with the company.
Here are some of the most common questions we get asked about action by Scott and Co and what you need to know:
Who do Scott and Co collect for?
Scott and Co mainly collect debts for Scottish Local Authorities and their website claims to be the “largest provider of debt collection and enforcement services” for those local authorities.
Do you need to pay Scott and Co?
Yes and No. If Scott & Co cannot prove that the debt is yours or they don’t claim it within 6 years then you do not have to pay. However, if you’re certain the debt is yours and you can afford to pay then you yes you need to pay them.
Can Scott and Co enter my house?
No. Without a court order, Scott and Co (or any agency or debt collector) cannot enter your home without your consent.
Can Scott and Co take my personal belongings?
Yes. If they have a relevant attachment order, they can remove your assets. They will need an exceptional attachment order as mentioned above to enter the home, however.
Make sure you ask to see this order before they enter your property.
How do I prevent Scott and Co writing to me?
Yes, you can write to them directly to ask them to stop sending you letters. It must be a written request, but this is usually sufficient to stop them from contacting you.
Can Scott and Co take me to court?
Yes. If you owe them money and don’t pay, then they can sue you. If they win, you will be issued with an order to pay the debt.
Any protected property or assets cannot be taken. But you will incur court costs that you will be responsible for.
What is a ‘prove the debt’ letter?
If you are unaware of any debt or don’t believe you owe the debt, you can send a letter asking that the agency prove that you owe the money.
If you’re unsure what to write, a letter template can be found at Money Advice Online.
Can I legally write off my debt?
If you qualify, you can legally write debt off using a Scottish Trust Deed. This can protect your assets from repossession.
Can I Complain about sheriff’s officers?
Yes. This should be done directly to Scott and Co first but if they fail to resolve the issue then you can refer the complaint to the Sheriff Principal or the SMASO via:
Post: Society of Messengers-at-Arms and Sheriff Officers (SMASO), Forth House, 28 Rutland Square, Edinburgh, EH1 2BW
Could you legally write off some debt?
There are several debt solutions in the UK, choosing the right one for you could write off some of your unaffordable debt, but the wrong one may be expensive and drawn out.
Answer below to get started.
This isn’t a full fact find. MoneyNerd doesn’t give advice. We work with The Debt Advice Service who provide information about your options.
We're glad you liked the article! As a small team, your support means everything to us. If you could rate us on Google, it would be amazing. Thank you!
MoneyNerd’s founder, Scott Nelson, has a decade of financial industry experience, including 6 years in FCA regulated loan and credit card companies. Troubled by a lack of conscience in the industry, he founded MoneyNerd to give genuine advice to those in debt and struggling financially.