Scott and Co Debt Collectors – Should You Pay?

Have you recently received a letter from Scott and Co Debt Collectors demanding payment on unpaid council tax, parking violations, or some other form of debt? Perhaps you’ve even been visited by a Sheriff who has left you anxious about where you stand?

If you have, don’t panic. There are steps you can take to protect yourself, stop further action by Scott and Co, and set up affordable repayment plans that won’t leave you in further debt. In this guide, we’ll show you how to deal with Scott and Co when they come calling.

Who are Scott and Co Debt Collectors?

Based in Edinburgh, Scott & Co are Scotland’s largest employer of Sheriffs and specialize in debt collecting and enforcement. 

They provide services to both the public and private sectors and deal with both consumer and commercial debt. 

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Why have I 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.

While they work with many private companies, they do a lot of public sector work and often get in touch regarding unpaid council tax bills. 

If you have missed payments on council tax, you will receive a notice asking you to pay the owed tax within seven days with an option of instalment payments.

Following this, you’ll receive another letter asking for payment within fourteen days with no instalment option. 

If the bill remains unpaid after this period, the council will obtain a summary warrant from the Sheriff’s court – this is where Scott and Co come into it.

The local authority will pass your details on to Scott and Co and they will get in touch. 

How to 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. 

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 diligence proceedings, allowing you time to make payments. 

It’s important to note that 10% of the stated debt charge 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. 


“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

What happens if I don’t pay?

If you unable or refuse to pay, the council can use ‘diligence’, 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. 

Case Study

Will Daniels Silverman be able to Access my Property?

Debt collection agencies have the responsibility of collecting debt on behalf of other companies who the debt is owed to. They do not have any rights to access your property. If they suggest entering your property, they are breaking the law, and in this case, you may want to contact the police to report the threatening behaviour. Can Daniels Silverman Discuss Debt with a Family Member?

Debt collectors can contact a family member to try and locate you, but they are not allowed to discuss your debt. Your debt is confidential, and they should not speak to anyone other than yourself about the debt. You may give them permission to discuss the debt with someone else, but they should not take it upon themselves to do so. I Do Not Want Contacted by Phone, What Can I Do?

Some people prefer to be contacted by email or letter about their debt. If you have a preference, you should discuss this with Daniels Silverman in the first instance. They should be willing to contact you in whichever way suits you best. Is it Better to Pay the Full Balance or Pay in Installments?

It is always preferable to pay off the balance of outstanding debts, including that of Daniels Silverman, but you should not do this if it is to the detriment of other essential bills. You should always pay your rent and electricity/gas bill before you pay anything else. If you can pay the full amount without leaving yourself out of pocket, you should do this. Not only will it help your credit rating, but it will also save you the hassle and stress of being contacted by Daniels Silverman. Could I Negotiate a Lower Payment?

This is not something people usually consider, but most debt collecting agencies will be willing to do this, and it is always worth asking the question. Speak to Daniels Silverman and ask if you can negotiate a lower payment. They will usually only consider this if you are making a one-off payment, rather than if you want to pay in instalments.

Bailiff’s will often demand full payment as a scare tactic to make you pay up. However, if you don’t have the funds, you simply don’t have the funds. In this case, pay Scott and Co what you can afford – they won’t refuse payments.

Make sure you keep all communication with them in writing as well as proof of payments in case of future action.

If they go to an old address even though you have informed them of a change, you can write a letter of complaint (more on that below).

3. Attachment of property outside your home

The Sheriff has the right to claim any property outside of your home to sell to raise money to pay the debt. This can include entering garages, sheds and business properties, even if they are locked.

To do this they must present the warrant to you and give you time to pay the amount owed first. 

4. Exceptional attachment order

This is the last resort and requires Scott and Co to apply for the exceptional attachment in addition to the summary warrant.

If this is granted, they will be given the right to enter your premises and seize assets.

There are some restrictions here though. They must leave you with tools if they are necessary for your job and a vehicle if it is your means to travel to work.

They are also required to leave items such as bedding, clothes, and cooking appliances that are necessary for living. 

5. An inhibition order

This will prevent you from selling assets such as your home, business or other premises without settling your debts. 

6. Bankruptcy

If there is no way for you to pay your debts and you owe over £3000, then they are able to bankrupt or sequestrate you.

This will stop agencies from performing diligence asset seizure but can have a major impact on your credit in the future. 

How can I 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. 

Can I complain about Scott and Co?

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. To do this, contact them via: 

Phone: 0131 477 8900


Post: Complaints Manager, Scott & Co (Scotland) LLP, 12 Drumsheugh Gardens, Edinburgh EH3 7QG

If this is not possible, you can take your complaint to the Credit Services Association. They can be contacted via:

Post: Credit Services Association, 2 Esh Plaza, Sir Bobby Robson Way, Great Park, Newcastle upon Tyne, NE13 9BA


Frequently Asked Questions about Scott and Co

Here are some of the most common questions we get asked about action by Scott and Co and what you need to know:

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

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The Data Protection Act 1998 requires every data controller who is processing personal data to notify the Information Commissioner of any breaches no more than 72 hours after becoming aware of it unless they are exempt from doing so. Failure to notify is a criminal offence.  In addition, any FCA regulated firm must notify the FCA – ideally within 24hrs of discovery of a breach.

This document should be read in conjunction with our Acceptable Use policy and Information Security policy which form part of the Employee’s Handbook.  We are committed to protecting and respecting privacy.

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For the purpose of the Data Protection Act 1998 (“the Act”), the data controller is Nerd FS.

By visiting and using our website the consumer is consenting to the practices set out below.

If our firm needs to collect data for any purpose not stated above we should notify the Information Commissioner before collecting that data.

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Working at home

The use of data for marketing purposes

For marketing purposes, there are two types of data:

Data obtained in-house

Data obtained from third parties

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We have taken measures to guard against unauthorised or unlawful processing of personal data and against accidental loss, destruction or damage.

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Customers Right to Withdraw Consent

The customer has the right to withdraw their consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before it’s withdrawal. However, it does mean you can no longer rely on consent as your lawful basis for processing. They withdraw consent by either of the following; putting this in writing to address details, by calling telephone number or emailing email address.

As the right to withdraw is ‘at any time’, it’s not enough to provide an opt-out only by reply. The individual must be able to opt out at any time they choose, on their own initiative.

In some cases you may need to keep a record of the withdrawal of consent for your own purposes – for example, to maintain suppression records so that you can comply with direct marketing rules. You don’t need consent for this, as long as you tell individuals that you will keep these records, why you need them, and your lawful basis for this processing (eg legal obligation or legitimate interests).

Subject Access Request (SAR)

One of the main rights which the Data Protection Act gives to individuals is the right of access to their personal information.  An individual is permitted to send us a subject access request (“SAR”) requiring that we tell them about the personal information we hold about them, and to provide them with a copy of that information.  In most cases we must respond to a valid subject access request within 40 calendar days of receipt.  Any business is able to charge a customer a reasonable charge of £10 for providing this data however it is not our companies policy to do so unless the request is excessive or unwarranted.  Any Subject Access Requests must be sent to a Senior Manager for processing purposes.

Third party requests are also permitted e.g. a friend or relative, a solicitor, a claims management company or other third party. Under the Data Protection Act 1998 and the Data Protection Principles, are not permitted to reveal such information to a third party without the authority of a customer. On this basis, for any third party SAR, we will ensure that we have a written record of authority held on file before we release any personal data.

Where there are two or more customers linked to one credit agreement and the request comes from one of these parties, we will provide the response to both parties

We are required to 'give' a copy of the executed agreement and any other document referred to in it and the required statement. In the FCA’s view, sending a copy of them by ordinary second class post will suffice. Guidance on what constitutes a ‘copy’ can be found in the case of Carey v HSBC Bank plc [2009] EWHC 3417 (QB).

The duty under the relevant section does not apply if no sum is, or will or may become, payable by customer under the agreement. This is irrespective of whether the agreement may have already been terminated.

We will promptly facilitate a SAR request, although we have up to 40 days to do so.  All staff are made aware of this during induction.  Refresher training will be provided on a regular basis.  Although the rules permit the Firm to charge a maximum of £10 for responding to the request for personal data, it is not the Firm’s own policy to do so.

Client consent to the application of the Act and their right to access to their records are included within the firm’s terms of business/client agreement.

Any data collected must not be excessive and must be relevant to the purpose and it must not be kept longer than is necessary.

Information Commissioner’s Office (ICO)

The ICO has the power to issue monetary penalty notices of up to £500,000 for serious breaches of the Data Protection Act occurring on or after 6 April 2010, and serious breaches of the Privacy and Electronic Communications Regulations.


Our Privacy policy is in full view on our website.  This section must be read in conjunction with the Privacy Policy.

It is the responsibility of the senior management of our firm to ensure this policy is effective through monitoring and complaints procedures.

All employees, affiliates and ARs dealing with customers have a responsibility to read, understand and implement this policy and to hold their own valid and appropriate Privacy policy where appropriate.

The Firm holds a valid Data Protection license and it is bound by the rules of the Data Protection Act 1998.  The full extent of the rules can be found at

The 8 principles that the 1984 Act introduced are as follows.  Data must be:

Criminal offences

A criminal offence is committed by the Firm or an individual member of staff if they knowingly or recklessly:

Uses of customer information

When submitting application forms to banks, insurance companies and other financial institutions, this means that personal data will, by default, also be submitted.  In these cases, clients will be informed that their personal data may be used.

The Firm will request client consent before any transfer of data takes place.  Clients will be asked to confirm that they are comfortable to have their personal data used in one or more of the following forms:

Post, telephone, email etc. subject to the conditions of the Data Protection Act.

Information Classification


The following definitions provide a summary of the information classification levels that have been adopted by our firm and which underpin the 8 principles of information security. These classification levels explicitly incorporate the Data Protection Act’s (“DPA”) definitions of Personal Data and Sensitive Personal Data, as laid out in our firm’s Data Protection Policy.

‘Confidential’ information has significant value for our firm, and unauthorised disclosure or dissemination could result in severe financial or reputational damage to us as an FCA authorised firm, including fines of up to £500,000 from the Information Commissioner’s Office.

Data that is defined by the Data Protection Act as Sensitive Personal Data falls into this category. Only those who explicitly need access must be granted it, and only to the least degree in order to do their work (the ‘need to know’ and ‘least privilege’ principles).  When held outside our firm, on mobile devices such as laptops, tablets or phones, or in transit, ‘Confidential’ information must be protected behind an explicit logon and encryption at the device, drive or file level.

‘Restricted’ information is subject to controls on access, such as only allowing valid logons from a small group of staff. ‘Restricted’ information must be held in such a manner that prevents unauthorised access i.e. on a system that requires a valid and appropriate user to log in before access is granted. Information defined as Personal Data by the Data Protection Act falls into this category. Disclosure or dissemination of this information is not intended, and may incur some negative publicity, but is unlikely to cause severe financial or reputational damage to our firm.  Note that under the Data Protection Act large datasets (>1000 records) of ‘Restricted’ information may become classified as Confidential, thereby requiring a higher level of access control.

‘Internal use’ information can be disclosed or disseminated by its owner to appropriate members of our firm, partners and other individuals, as appropriate by information owners without any restrictions on content or time of publication.

‘Public’ information can be disclosed or disseminated without any restrictions on content, audience or time of publication. Disclosure or dissemination of the information must not violate any applicable laws or regulations, such as privacy rules.  Modification must be restricted to individuals who have been explicitly approved by information owners to modify that information, and who have successfully authenticated themselves to the appropriate computer system.

Designating information as ‘Confidential’ involves significant costs in terms of implementation, hardware and ongoing resources, and makes data less mobile. For this reason, information owners making classification decisions must balance the risk of damage that could result from unauthorised access to, or disclosure of, the information against the cost of additional hardware, software or services required to protect it.


Security Level



FOIA2000 / DPA1998 status

1. Confidential

Normally accessible only to specified and/or relevant members of our staff

DPA-defined Sensitive personal data:

·                     racial/ethnic origin

·                     political opinion

·                     religious beliefs

·                     trade union membership

·                     physical/mental health condition

·                     sexual life

·                     criminal record

·                     salary information

·                     individuals’ bank details

·                     passwords

·                     large aggregates of DPA-defined Personal Data (>1000 records) including elements such as name, address, telephone number.

·                     HR system data

Subject to significant scrutiny in relation to appropriate exemptions/ public interest and legal considerations.

2. Restricted

Normally accessible only to specified and/or relevant members of our staff

DPA-defined Personal Data (information that identifies living individuals including:

·                     home / work address

·                     age

·                     telephone number

·                     schools attended

·                     photographs

Subject to significant scrutiny in relation to appropriate exemptions/ public interest and legal considerations.

3. Internal Use

Normally accessible only to our staff

·                     Internal correspondence,

·                     internal group papers and minutes,

·                     information held under license company policy and procedures

Subject to scrutiny in relation to appropriate exemptions/ public interest and legal considerations

4.  Public

Accessible to all members of the public

·                     Company filed documents

·                     Company websites

Freely available on the website.

Explicit Information Ownership and Other Rights of Access to Information

We recommend that departments and functions within our business explicitly designate information owners.

Other users may have rights of access to data according to the terms of engagement under which the data was gained or created.

Granularity of Classification

The sets of information being classified should, in general, be large rather than small. Smaller units require more administrative effort, involve more decisions and add to complexity, thus decreasing the overall security.

 Information Retention

There may be minimum or maximum timescales for which information has to be kept. These may be mandated in a commercial contract. Other forms of information retention may be covered by environmental or financial regulations.


All ‘Users’ must obtain authorisation from their line manager before their classification request is submitted to Senior Managers. Nerd FS is responsible for assessing information and classifying its sensitivity.


A violation of our Information Security Policy and supporting policy documents will be investigated and consequentially may result in disciplinary action which could include the termination of employment contract for employees, the termination of contractual relations in the case of third parties, contractors or consultants.

A violation of this policy and misuse of the systems and applications within our firm may also be a breach of the Computer Misuse Act 1990; consequentially the company may at its discretion take legal action against an individual or organisation that is found to be in breach of its policies.

How we may use customer data

 We may as a result of a consumer or a third parties’ interaction with our website/s obtain their personal data and process their information on our computers and in any other way.

By “third parties” we mean any lender, broker or affiliate who interacts with us in enabling a consumer to make a loan application.

We will use the information to manage their account(s), give them statements and provide our services, for research, assessment and analysis (including credit and/or behaviour scoring, market and product analysis) and to develop and improve our services to the consumer and other consumers and protect our interests.

We, and other carefully selected third parties, will use their information to inform them by post, fax, telephone or other electronic means, about other products and services (including those of others) which we believe may be of interest to them.

If they contact us, we may keep a record of that correspondence.

We will keep details of transactions they carry out through our site and of the fulfilment of their applications and their loan history.

We will keep details of their visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access.

In order for us to be able to collect and use personal data and / or to pass If they do not want us to use their data in this way, or to pass their details on to third parties for marketing purposes, customers must manually opt in to this agreement (See CONC section of this Compliance Manual).

IP Addresses

 We may collect information about their computer, including where available their IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.


 For the same reason, we may obtain information about a consumer’s general internet usage by using a cookie file which is stored on their browser or the hard drive of their computer. Cookies contain information that is transferred to their computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. Some of the cookies we use are essential for the site to operate.

If they register with us or if they continue to use our site, they agree to our use of cookies.

Please note that our advertisers may also use cookies, over which we have no control.

Cookies can be blocked and a consumer may not be able to access all or parts of our site. Unless a consumer has adjusted their browser setting so that it will refuse cookies, our system will issue cookies as soon they visit our site.

Where we store data

The data that we collect from a consumer is stored within the European Economic Area ("EEA"). Such staff may be engaged in, among other things, the assessment and fulfilment of a consumer’s application, the processing of a consumer’s bank details and the provision of support services. By submitting their personal data, they agree to this transfer, storing or processing.  We will take all steps reasonably necessary to ensure that a consumer’s data is treated securely and in accordance with this privacy policy.

All information a consumer provides to us is stored on our secure servers. Any transactions will be encrypted. Where we have given (or where they have chosen) a password which enables you to access certain parts of our site, they are responsible for keeping this password confidential. We ask a consumer not to share a password with anyone.

The transmission of information via the internet is never completely secure. Although our systems exceed industry standards for security, and we will always do our best to protect a consumer’s personal data, we cannot guarantee the security of a consumer’s data transmitted to our site; any transmission is at their own risk. Once we have received their information, we will use strict procedures and security features to try to prevent unauthorised access.

Disclosure of information

We may disclose a consumer’s personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose a consumer’s personal information to third parties:

Credit Reference Agencies (CRAs)

When a customer makes an application for a credit, we will check whether they are likely to be able to meet the monthly payments and repay the loan.  However, we are limited in what we can actually do as we do not work directly with CRA’s as we are not eligible to do so.  We will work with what the applicant divulges on their fact find/application but we can only judge as accurately as the information given allows.

When we submit an application to a lender, it is normal practice for a lender to carry out a credit search with a CRA.  In the past, this would have left a search ‘footprint’ on the applicants’ credit file that may be seen by other lenders. Large numbers of applications made within a short period of time would adversely affect a customer’s ability to obtain credit, and they should always consider this before making an application for a loan.

However, the lenders that we have chosen to deal with offer a facility known as a ‘quotation’ search, which does not leave a footprint. This is in line with CONC 2.5.7 which suggests that during the ‘shopping around’ process of the customer, the lenders that we promote should only use a ‘quotation search’, which does not leave a footprint.

Access to information

The Act gives a consumer the right to access information held about them. Your right of access can be exercised in accordance with the Act. Any subject access request may be subject to a fee of £10 to meet our costs in providing them with details of the information we hold about them.

Changes to our Privacy Policy

 Any changes we may make to our privacy policy in the future will be posted on our web page, and, if appropriate, notified to consumers by e-mail.

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to moneynerduk (at)

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