Bank Arrestment blocked due to former employer not having Scottish Sort Code

[ruf]

Hi,I have a family member who was successful in their small claims case last year against a former employer. For clarity, this is in Scotland, as it may have a bearing on the legalities of the situation. As expected, the employer failed to pay and Sheriff Officer's have had to be involved, with the latest action being a bank arrestment attempt.Unfortunately at this time, it was only known the Bank of the employer (Barclays), no account details were available. The Arrestment was served on a Scottish branch but very quickly Barclays have responded saying that they have been unable to process the Arrestment as the customer does not hold any Scottish sort code; I take it their branch being in England.My question is, is this even possible for them to block it for this reason? I know that Scottish law differs in many ways and this may be the case but to me it sounds like they are being difficult as after all Barclays have branches in Scotland.Thanks for any advice that can be given.

[des8]

Re: Bank Arrestment blocked due to former employer not having Scottish Sort Code

I think Barclays are correct.
Arrestment only applies to a debtor's Scottish moveable assets which are held by a third party.
The Sheriff Officers have no powers outside their area of commission, and certainly don't stretch into England
Assets held in England are outside the Scottish jurisdiction and Barclays would have no authority to freeze those assets

[ruf]

Re: Bank Arrestment blocked due to former employer not having Scottish Sort Code

Thanks for your reply des8. While I understand what you are saying and can see the logic behind it, I also find it hard to believe that the bank do not have to act on this due to the employer having an account with an English branch and not a Scottish one. Surely if you can deposit money at any branch into a bank account based anywhere in the UK, then a bank should have to act on an arrestment.

The Sheriff Officer believes there should not be an issue as the arrestee is the bank and as they have a place of business in Scotland, the arrestment is competent. As the bank are holding funds on behalf of the employer, they believe that the funds should be arrested; irrespective of the account being held at an English branch. They did advise that a visit to a solicitor may be needed.

Any further opinions would be much appreciated.

[des8]

Re: Bank Arrestment blocked due to former employer not having Scottish Sort Code

"They did advise that a visit to a solicitor may be needed."

or perhaps try for a court order against Barclays??