Prevent Court Action From Stirling Park – What Are My Rights?
Stirling Park is one of the largest Sheriff Office and Debt Collection services in Scotland.
They are governed by the Society of Messengers-at-Arms & Sheriff Officers, located at SMASO, Forth House, 28 Rutland Square, Edinburgh, EH1 2BW. They have a staff of over 150, including 20 Sheriff officers and 11 Messenger-At-Arms.
What Does Stirling Park Do?
They offer both Sheriff Officer and Debt Collection services. They have offer 20 years experience in collecting on behalf of local authorities, commercial and consumer debts.
What Can Stirling Park Do About My Debt?
As with all Sheriff Officers, if they serve you with a summary warrant, you need to contact them as soon as possible to make an arrangement for payment. If you choose not to, the creditor can take further steps to obtain a charge for payment, this is called diligence.
This can include taking money directly out of your wages or bank. If Stirling Park is unsuccessful with this action, they can apply for an Exceptional Attachment Order.
Other types of collection methods Stirling Park can use are below;
- Bank Arrestment – Money is taken directly from your bank account
- Attachment of Property Outside the Home – Items you own are taken from outside the home and sold to cover the value of the debt
- An Exceptional Attachment Order – Removal of personal property which they can sell off to raise money to cover your debt
How Can I Stop Action From Stirling Park Sheriff Officers?
One of the first things that you will need to do is to contact Stirling Park to discuss the debt with them. Its strongly advised that you do this in writing.
You can apply for a time to pay order if you apply directly to the court. This allows you extra time to pay off the money you owe in smaller monthly payments.
You can also apply for a debt arrangement scheme. Applying for a Debt Arrangement Scheme is another way you can stop Stirling Park from using diligence.
This debt payment programme helps you to agree on regular payments to cover what you owe, and if you stick with the agreement and pay off your debt, Stirling Park will no longer be able to use an earnings arrestment of bank arrestment or remove any of your property to obtain the unpaid amount.
What Do I Do When Stirling Park Make An Earnings Arrestment?
If you have received a charge for payment, and not made any attempt to pay this, made an application for a time to pay order or debt repayment program, Stirling Park may attempt to make an earnings arrestment to collect the money that is owed.
They will be able to liaise with your employer to have funds taken from your wages before you receive them. Stirling park will add an administration fee for this which will also be taken from your wages.
Stirling Park will need to send you a debt advice information pack no earlier than 12 weeks before serving an earnings arrestment.
This will provide you with all the information you need to apply for a time to pay order or a debt repayment program before having any money taken from your wages.
What Do I Do When Stirling Park Make A Bank Arrestment?
As mentioned previously, Stirling Park can use other forms of diligence to collect your unpaid debt. A bank arrestment will put a hold on your bank account, preventing you from accessing the funds.
The account remains frozen until you agree to give permission for an amount of money to the debt to be released. A fee will also be added to the amount that Stirling Park remove from your account.
You normally have 14 days from when your account is frozen to instruct your bank to release the money you owe.
If you do not give your bank permission, Stirling Park will instruct your bank to release the funds due to the creditor.
Any direct debits or payments you have will be put on hold and you will not have access to any of the funds from the time the account was arrested.
As a bank arrestment can take place without any prior notice, you could be left in a situation where you are unable to access your money or pay any other bills.
In the first instance, you should call Stirling Park to arrange a mandate, giving them permission to release some money towards unpaid debts.
You could also apply to the court for a time to pay order or make arrangements through a debt repayment plan.
Can Officers From Stirling Park Enter My Home?
Only in the case of an Exceptional Attachment Order being granted will Stirling Park Sheriff Officers be allowed access to your home.
If Stirling Park has been unable to collect your unpaid debt using any other means, then the council can apply for an Exceptional Attachment Order, giving Stirling Park the authority to enter your home any day except for Sunday between the hours of 8am and 8pm.
If you have been served with an Exceptional Attachment Order and a Stirling Park Sheriff Officer has been granted authority to gain entry to your home, you should first check the identity of the Sheriff Officer, and also check that they have the correct documentation.
The court document they serve you with should ‘grant a warrant for all lawful execution’. This means that you have to let the Stirling Park Sheriff Officer into your home.
Do Stirling Park Charge Fees?
Below are a list of fees taken from their website;
Stirling Park Service Of Document Fees
- 10% of the amount you owe for a service of a summary warrant
- £78.10 service of a document to each person at a different address
- £17.60 service of a document to each additional person at the same address
- £17.60 postal service
- £38.95 postal diligence
Stirling Park Service of Attachment Fees
- £11.05 notice of entry
- £82.70 unsuccessful attachment
- £9.20 reporting attachment to local authority
Stirling Park fees for arranging and carrying out an attachment
- £96.80 for goods valued £681 and under
- £150.05 for goods valued between £681 and £2,737
- 10% of the appraised value when over £2,737 and up to £27,564
- 10% of the first £27,564 and 5% thereafter when over £27,654 and up to £137,809
- 10% of the first £27,564 and 5% thereafter when over £137,809
Stirling Park fees for arranging and carrying out attachment of cars or heavy machinery
- 80 if valued £681 and under
- £150.05 if valued over £681 and up to £3,028
- 5% of appraised value if over £3,028 and up to £137,809
- 5% of the first £137,809 and 1% thereafter if over £137,809
Stirling Park fees for arranging and carrying out an earnings or bank attachment
- £96.80 if the value is £681 or under
- £150.05 if the value is £681 and up to £2,737
- 10% of the value if over £2,737 and up to £27,564
- 10% of the first £27,564 and 5% thereafter if over £27,564 and up to £137,809
- 10% of the first £27,564 and 5% thereafter up to £137,809, and 1% thereafter if over £137,809
Stirling Park fees for taking possession of belongings
- £79.00 for arranging possession
- £145.90 for arranging and carrying out possession
There may also be other administrative fees charged for phone calls or making copies of documents.
Services Offered By Stirling Park: Business to Business Debt Collection, Tracing, Collector Accredited, Consumer Non-regulated Debt, Process Servicing, Bailiff