Debt Letters From Walker Love? What Can I Do And What are My Rights?
Walker Love is a firm of Sheriff Officers and Messengers-at-Arms, operating in all 6 Sheriffdoms across Scotland. It is a family run business, established way back in 1946.
Walker Love serves individuals and business across a wide range of sectors, including:
- Local and national government
- Financial services
- Utility companies
They provide debt recovery, citation and diligence, and investigation services.
Walker Love is authorised and regulated by the Financial Conduct Authority and a member of:
- The Society of Messengers-at-Arms and Sheriff Officers
- The Credit Services Association
- The Institute of Credit Management
- The Scottish Federation of Housing Associations
- The Institute of Professional Investigators
- The Association of British Investigators
- UIHJ – Union Internationale des hussiers de justice
- National Association of Professional Process Servers (USA)
- Institute of Directors in Scotland
Walker Love are also:
- IIP accredited
- ISO 27001 certified
- ISO 9001 certified
Why Are Walker Love Contacting Me?
If you have been contacted by Walker Love, it is probably because you have a debt which they are trying to recover. Don’t panic – this is a normal step in the debt recovery process. You might not recognise the name ‘Walker Love’ – your debt will have been with a different company originally.
You should always establish what the debt relates to and whether you owe the debt first.
Is My Debt Too Old To Be Collected?
Before you pay, you should establish whether you actually owe the debt – in some instances it may be too old to be collected, known as ‘statute barred’.
The Prescriptions and Limitations (Scotland) Act of 1973 means there is a time limit for creditors to collect the money you owe. In Scotland this limit is 5 years from:
- the date of last written contact from you
- the last payment made on the account, or
- the date the creditor applied for/ was granted a court order for payment.
For England and Wales, the time limit is 6 years, under The Limitations Act of 1980.
For a debt to be classed as statute barred, the following criteria must be met for the 5 or 6-year period;
- The debt has not been acknowledged by the debtor
- There are no decrees on the debt
- The creditor has not made contact about the debt
If your debt is too old to be collected, it will be deemed abandoned or repaid. Walker Love will be unable to chase you for payment if your debt is statute barred.
More on statute barred debts here.
What Steps Can Walker Love Take?
- Walker Love will contact you if your account with a creditor is overdue to find out the reasons why you haven’t paid.
- The next step is to try and get you to pay your debt off, either in full or with a payment plan.
- If a repayment agreement can’t be reached, Walker Love may decide to take legal action against you.
- Walker Love can use its Sheriff Officers to enforce such legal action.
What Will Happen If I Don’t Pay?
If you fail to repay your debt, the creditor can use ‘diligence’, also known as enforcement action. The creditor can give Walker Love the power to collect your debt by:
- Earnings arrestment
- Bank arrestment
- Attachment of property outside your home
- Application to the Sheriff Court for an Exceptional Attachment Order (EAO)
- Inhibition – preventing the sale of your home, property or business premises
- Bankruptcy/ sequestration
How Can I Stop Walker Love?
Time to Pay Directions
You may be able to prevent further action from Walker Love by applying to the court for a ‘time to pay direction’. A ‘time to pay direction’ allows you to make debt repayments by smaller weekly or monthly instalments. If granted, Walker Love cannot take further action against you while the TTPD is in force.
This means they can’t arrest your wages or bank account, instruct an attachment of property outside your home or apply for an exceptional attachment order.
Even if you have a time to pay direction, Walker Love can still apply for an inhibition to prevent the sale of your home.
How Can Scottishtrustdeed.co.uk Help Me?
At Scottishtrustdeed.co.uk we offer a range of debt management solutions and help find the most suitable option for you. We could help reduce your regular payments to an affordable amount, or write off some or all of your debt. We could help with a:
- Debt Management Plan
- Debt Consolidation Loan
- Minimal Asset Process (MAP)
- Scottish Trust Deed
- Debt Arrangement Scheme
- Bankruptcy / sequestration
What Is An Earnings Arrestment?
An earnings arrestment instructs your employer to make deductions directly from your pay, to meet your repayment obligations until your debt is cleared.
What Is A Bank Arrestment?
A bank arrestment allows Walker Love to freeze your bank account if you fail to take steps to repay your debt. Your bank account will be frozen until you give permission for a lump sum to be taken to cover what you owe.
If you refuse to give permission, the bank will automatically release the funds after 14 weeks. While your account is frozen, any direct debits or standing orders you have will be stopped, meaning you could fall behind with other bills.
What Is An ‘Attachment Of Property Outside My Home’?
An ‘attachment of property outside your home’ gives Sheriff Officers the power to seize property belonging to you. This can then be sold at auction to recover your debt.
Sheriff Officers can enter garages, outbuildings or business premises, even if they’re locked, but they can’t enter your home with this type of order.
Before an ‘attachment of property outside the home’ is carried out, the Sheriff Officer must show you the summary warrant and give you the opportunity to pay the debt and expenses owed, before property is seized.
What Is An ‘Exceptional Attachment Order’?
This is where Walker Love’s Sheriff Officers can seize property inside your home. The creditor must apply to the Sheriff Court for an exceptional attachment order and this step would usually be a last resort. Sheriff Officers can then seize any valuable assets you have, to be sold to pay off your debt.
There are restrictions on the items that can be seized – Sheriff Officers can’t, for example, take any items you need for day-to-day living such as clothes, bedding, cooking equipment and fridges.
What Is An Inhibition?
An inhibition is a court order which prevents you selling your home, property or business premises. This is so you can’t sell a major asset and still not pay your creditors.
Bankruptcy / Sequestration
If you are unlikely to be able repay your debts and owe over £3,000 a creditor could seek to bankrupt (sequestrate) you. This will prevent any creditors, or Walker Love, being able to use diligence against you. Bankruptcy has serious consequences on your credit file, though, and potentially your employment, as well as putting your assets at risk.
Making A Complaint
If you would like to make a complaint about Walker Love, you can do so by contacting them by
Phone: 0141 248 8224
Email: [email protected]
Post: The Complaints Manager, Walker Love, 16 Royal Exchange Square, Glasgow, G1 3AB
If you are not satisfied with the outcome of your complaint, you can refer it to the FCA, CSA or SMASO.
The Financial Ombudsman Service, Exchange Tower, London, E14 9SR
Society of Messengers-at-Arms and Sheriff Officers (SMASO)
28 Rutland Square
Credit Services Association, 2 Esh Plaza, Sir Bobby Robson Way, Great Park, Newcastle upon Tyne, NE13 9BA
Without a court order, absolutely not. Neither Walker Love or any other debt collection agency nor a debt collector is considered a court-appointed bailiff. Walker Love may visit the address of a debtor but cannot enter the dwelling without the consent of the resident.
Write to Walker Love to Request them to Stop Contacting You (If That’s What You Want) Under the FCA guidelines, if you request that a debt collector stop contacting you completely, it must do so (with a few exceptions). Your request must be in writing. You can use the ‘prove the debt letter’ to do this.
If you owe money to Walker Love and you don’t pay, you can be sued. If Moorcroft sues you and wins, the court will enter a judgment (also called an order) against you that says you must pay back the debt. But if all your money and property are protected, then creditors cannot take them from you.
If you are a vulnerable customer, you should make Walker Love aware of your situation so they can deal with you sensitively and make special arrangements for you where appropriate.
If you take steps to resolve your debt problem, you shouldn’t lose your home – this would only happen as a last resort if all other options and attempts to collect the debt have been exhausted.
You may be able to get your some of all of your debts written off. It’s best to seek advice from a debt specialist like Scottishtrustdeed.co.uk to find out your options.
Services Offered By Walker Love: Business to Business Debt Collection, Court Action, Status Enquiries / Company Searches, International Collections, Small & Ad Hoc Debts Collected, Tracing, Utility Debt Collection, Collector Accredited, Public Sector, Consumer Regulated Debt, Consumer Non-regulated Debt, Process Servicing, Bailiff