English bailiff rights in Scotland

[BJC1972]

Hi all,

newby here and in need of some advice please.

I have been contacted my Marston bailiff regarding an outstanding magistrates court fine. At the time when I got into a bit of trouble I lived in England. Now I live in Scotland and as you may be aware, we have an entirely seperate legal system up here.

My question at this stage is, what powers do english bailiffs have in Scotland?

Many thanks,
BJC

[CleverClogs]

Re: English bailiff rights in Scotland

Despite what they might claim, their powers do not extend to X-ray vision, walking through locked doors and brick (or stone) walls, or flying in through the keyhole.

One or two might try to slither under the door, though.

Apart from being Scots and therefore canny wi' your cash, is there any reason why you've not paid this already?

[Caspar]

Re: English bailiff rights in Scotland

Depending what the offence was, this link may be helpful:

http://www.scotland.gov.uk/Topics/Ju...ncialpenalties

[ExBailiff31]

Re: English bailiff rights in Scotland

It's doubtful that a Bailiff will chase you to Scotland for this debt it would probably be returned to the local authority (Nulla Bona) who issued it who will then probably have it re-issued to a Sherriff in Scotland (as Bailiff law is different up there)
The best advice I can give for you is to contact the Bailiff company now and make an arrangement to pay over the phone if you tell them your new address in scotland they will be more likely to accept this kind of arrangement rather than lose the business to another company.

[CleverClogs]

Re: English bailiff rights in Scotland

It's doubtful that a Bailiff will chase you to Scotland for this debt it would probably be returned to the local authority (Nulla Bona) who issued it who will then probably have it re-issued to a Sherriff in Scotland (as Bailiff law is different up there)
The best advice I can give for you is to contact the Bailiff company now and make an arrangement to pay over the phone if you tell them your new address in scotland they will be more likely to accept this kind of arrangement rather than lose the business to another company.

Whilst bailiff law is indeed different under Scots Law, I would be astounded if this matter would be returned to the local authority.

Post #1 states that the debt is a fine imposed by a Magistrates' Court.

[Gorang]

Re: English bailiff rights in Scotland

I could be wrong here as maybe different in England

BUT

If it is for a fine imposed by the courts, and the bailiffs can't find the person, will the bailiff not inform the court of that, and would the court not put out an arrest warrent for the person due to unpaid fines

I know this happened to one of my mates, (duno if bailiffs were looking for him before this tho) he had £470 in outstanding fines and the oldest one was 2yrs old, (which he had never paid a penny towards any of them) he also had about 6 addresses here then he moved to Prague, within that 2 yrs, then when he came back to into the uk (on a holiday) his passport was flagged up and he got arrested at heathrow then shipped up to the scottish court where the fines were issued and that was for only £470 and only happened 6 weeks ago

He was lucky as he got more time to pay the fines as up here jailable amount for unpaid fines is £500

[WendyB]

Re: English bailiff rights in Scotland

I'm glad you posted that Gorang, I'd been thinking along the same lines myself. Although Scottish law is different, surely if there was a warrant for arrest the police wouldn't stop chasing if you crossed the border would they? Otherwise Scotland would be full of mass murderers and Ronnie Biggs types avoiding arrest, wouldn't it lol. Don't certain things come under UK law rather than Scottish or not Scottish?

[Caspar]

Re: English bailiff rights in Scotland

The link in post 3 is all about the ability now to enforce penalties for criminal offences right across the EU, regardless of where they were committed. Strangely, although Scotland has adopted it, I don't think England, Wales and Northern Ireland have as yet.

[ExBailiff31]

Re: English bailiff rights in Scotland

I'm glad you posted that Gorang, I'd been thinking along the same lines myself. Although Scottish law is different, surely if there was a warrant for arrest the police wouldn't stop chasing if you crossed the border would they? Otherwise Scotland would be full of mass murderers and Ronnie Biggs types avoiding arrest, wouldn't it lol. Don't certain things come under UK law rather than Scottish or not Scottish?

I think you are getting a little mixed up now between criminal law and civil law, the two cannot be mixed as in many cases they would contradict each other.

[WendyB]

Re: English bailiff rights in Scotland

Not exactly, I was just thinking aloud, in terms of arrest warrants.

[Gorang]

Re: English bailiff rights in Scotland

I think you are getting a little mixed up now between criminal law and civil law,

Ermm I was thinking this one is on the lines of crimianal because

At the time when I got into a bit of trouble I lived in England

But maybe I'm wrong as BJC has not posted again

I maybe should of said what I was thinking tho lol

the two cannot be mixed as in many cases they would contradict each other.

so true as they are completely different

[CleverClogs]

Re: English bailiff rights in Scotland

maybe I'm wrong as BJC has not posted again

Perhaps he's been nicked and he doesn't have Internet access pending his extradition hearing?

[The Debt Star]

Re: English bailiff rights in Scotland

Perhaps he's been nicked and he doesn't have Internet access pending his extradition hearing?

Like "Big Al" Megrahi?

[CleverClogs]

Re: English bailiff rights in Scotland

Like "Big Al" Megrahi?

Do you mean we'd be better off if he stayed where he is?