Scott & Co Sheriff Officers: Your Rights in Scotland

Received a letter from Scott & Co? Check whether it is an ordinary collection request or a step in Scottish court enforcement.

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?

Scottish sheriff officers have different powers from ordinary debt collectors. The document and legal authority determine what they may do.

Let’s dive in and learn more about Scott and Co Debt Collectors and what you can do if they contact you.

Why have you received a letter?

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

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.

A council tax reminder normally requires you to bring missed instalments up to date within seven days.

If you do not pay within those seven days, the remaining annual balance becomes due, with a further seven days to pay. Repeated missed payments can lead to a final notice; you are not guaranteed another reminder before action.

If the council tax remains unpaid, the council may apply to the Sheriff Court for a summary warrant.

If this warrant is granted, then they can pass your debt onto Scott and Co Edinburgh.

What happens if you don’t pay?

If the amount is unaffordable, ask a Scottish debt adviser to check your options and explain your circumstances to the council and sheriff officers.

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

An earnings arrestment requires the appropriate legal authority, an expired charge for payment and the required advice information. The employer then deducts an amount calculated under statutory rules; protected earnings limits apply.

The Debt Advice and Information Package must have been provided no earlier than 12 weeks before the earnings arrestment. This is not a requirement to give you 12 weeks’ advance notice.

You may be able to apply to the court for time to pay. Eligibility depends on the debt and previous applications; it is not available for every debt. A granted order protects against specified enforcement while its conditions are met. Ask a Scottish money adviser to check the correct form and any urgent deadline.

2. Bank arrestment

With the required authority, sheriff officers can serve a bank arrestment to freeze eligible funds held when it is served.

The arrested funds can normally be released to the creditor automatically after 14 weeks, unless a valid objection or other legal restriction applies. You can agree to earlier release; your consent is not required for automatic release.

Ask for urgent advice if the arrestment is wrong, affects protected money or causes hardship. Court applications have deadlines.

An arrestment can restrict access to the funds caught by it and affect scheduled payments. It does not mean every balance or future deposit is automatically frozen. Seek advice about protected funds, objections and any hardship application.

For personal accounts, a protected minimum balance of £1,000 is normally left free from arrestment. This applies across accounts with the same bank, and does not apply to business accounts. Joint accounts and money from benefits need individual advice. You can ask the sheriff to release arrested funds where the legal grounds, such as undue hardship, apply.

Time-to-pay and DAS applications may help, but do not assume that applying automatically releases funds already arrested. Ask an adviser to check the stage of enforcement.

Will they 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.

Sheriff officers are officers of the Scottish courts, with powers that ordinary debt collectors do not have. They can enter premises where the court has authorised it, and reasonable force may be permitted. Taking non-essential goods inside a home normally requires an exceptional attachment order and advance notice. Ask to see their identification and authority and get advice promptly.

If you believe an officer is exceeding their authority, ask for the documents and contact a debt adviser or solicitor urgently. Do not physically obstruct lawful enforcement. Call the police if there is an immediate threat to safety.

Check whether Scott & Co is making an ordinary collection request or acting as sheriff officers under a decree, summary warrant or other court authority. The available powers differ.

The guidance in a generic debt-collector table does not override a sheriff officer’s lawful court powers.

» TAKE ACTION NOW: Fill out the short debt form

Typical Collection Process

An ordinary collection timeline is not a timetable for Scottish diligence. A summary warrant, charge for payment and the particular enforcement method determine what can happen next.

Possible stage	What can happen	What to do
Missed payments	The creditor or collector may contact you, apply contractual charges or issue required notices. There is no single timetable for every debt.	Check the debt and contact the creditor early. Prioritise essential bills and seek free debt advice.
Collection activity	Letters, calls or a proposed visit may follow. A collection agent has no power to seize your belongings.	Ask for identification and evidence of the debt. You do not have to let a debt collector into your home.
Letter of claim	A creditor may send a formal pre-action letter before making a claim.	Follow the response deadline and get advice; do not ignore it.
Court claim	In England and Wales, a creditor may apply for a county court judgment. A judgment and later enforcement are separate stages.	Respond to the claim by the court deadline, whether admitting it, disputing it or asking for time to pay. Attend if the court requires a hearing.
Enforcement after judgment	Where legally permitted, a creditor may seek enforcement such as an attachment of earnings, charging order or warrant of control.	Get advice promptly about the specific notice, available objections and affordable payment options.

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 replaces debts with new borrowing. It can cost more overall and is not automatically affordable; secured borrowing can put your home at risk.

• 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 protected trust deed is a Scottish insolvency option with eligibility, asset and contribution rules. It may write off qualifying unpaid debts on successful completion, but it can put your home, car and other assets at risk. It does not automatically protect all property or cover every debt. Get independent debt advice before signing.

• A debt payment programme under Scotland’s Debt Arrangement Scheme can freeze interest and protect against covered enforcement while the statutory conditions are met. It normally repays the debts in full. An approved money adviser can explain application-stage protection, existing arrestments and the effect of missed payments.

• An IVA is not a Scottish debt solution. A Scottish money adviser can compare DAS, a protected trust deed, sequestration and informal arrangements.

• Sequestration is Scottish bankruptcy. It can discharge qualifying debts but has serious consequences for assets, income and credit. Get a Scottish money adviser to compare it with other suitable options.

How do you stop additional action?

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 may be able to apply to the court for time to pay. Eligibility depends on the debt and previous applications; it is not available for every debt. A granted order protects against specified enforcement while its conditions are met. Ask a Scottish money adviser to check the correct form and any urgent deadline.

A debt payment programme under Scotland’s Debt Arrangement Scheme can freeze interest and protect against covered enforcement while the statutory conditions are met. It normally repays the debts in full. An approved money adviser can explain application-stage protection, existing arrestments and the effect of missed 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.

Do not assume every debt carries the council-tax 10% addition. Ask for an itemised balance showing the debt, statutory additions and sheriff-officer fees.

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 them?

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.

To do this, contact them via: 

Phone:	0333 320 6871 (customer service)
Email:	[email protected]
Post:	Complaints Manager, Scott & Co (Scotland) LLP, PO Box 28691, Edinburgh, EH4 9GX

Complain to the firm first and keep copies of the evidence. For sheriff-officer conduct, escalation can be to the Society of Messengers-at-Arms and Sheriff Officers or the relevant Sheriff Principal. The Financial Ombudsman Service is not the general complaints body for Scottish court enforcement. A complaint does not automatically stop enforcement.

Post:	Society of Messengers-at-Arms and Sheriff Officers, Forth House, 28 Rutland Square, Edinburgh, EH1 2BW
Email:	[email protected]

Scott and Co Contact Details

Address:	Postal enquiries: PO Box 28691, Edinburgh, EH4 9GX Registered office: 279 Bath Street, Glasgow, G2 4JL Check current office locations with Scott & Co before visiting.
Phone:	0333 320 6871
Email:	[email protected]
Website:	https://www.scottandco.uk.com/

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

References

1. Indebted Debt Collection Survey
2. StepChange Statistics Yearbook
3. National Debtline – Diligence (Scotland)

CONC 7.3 Treatment of customers in default or arrears (including repossessions): lenders, owners and debt collectors

CONC 7.9 Contact with customers