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A Rose is a Rose By Another Name |
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The Scottish Executive has introduced its Bill to find an alternative to poindings and warrant sales, which will be abolished at the end of this year.
Details of the Executive's measures are contained in the Debt Arrangement and Attachment (Scotland) Bill and can be seen in the News section of the website at www.debtscotland.com
The Exucite's Bill has been heavily criticised by Tommy Sheridan (whose own Act the Executive are attempting to replace) as simply an attempt to reintroduce warrant sales by another name.
The parliament's Social Justice Committee when taking oral evidence examined this criticism. The committee was questioning Alisdair McIntosh a civil servant, and head of the access to justice division. It was put to him the Executive's Bill was nothing more than the renaming of poindings and warrant sales.
On being challenged to describe the differences between the current and proposed systems he said whilst for non-domestic cases the provisions were very similar there were significant extra procedures and safeguards built into domestic cases. These included the requirement for a specific application to be made to the court for a compulsory sale order; advance notification to be given by the creditor to the debtor along with a money advice pack. In addition the debtor will have the opportunity to make a voluntary declaration as to their financial circumstances and be represented by a lay advisor along with a home visit from the advisor if the court thought this necessary.
"Compulsory Sale Orders" will only be used exceptionally and reserved for those who can but simply refuse to pay their debts.
For more information please register on our website at www.debtscotland.com to see how the Executive's Bill progresses through the Scottish Parliament.
Stephen Cowan
Yuill & Kyle, Debt Recovery and Credit Control Lawyers, Scotland
scowan@yuill-kyle.co.uk
0141 572 4251
www.debtscotland.com
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