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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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Our bank account was recently arrested. Prior to then we did

Resolved Question:

Our bank account was recently arrested . Prior to then we did not receive any notification or citation.
We sent someone to the Sherriff court to see who was the actual pursuer.
They were informed that it was a summary warrant, and therefore for us to contact our bank.
We wrote to our bank last week and the letter bounced back, as we wrote to their PO box down south . The same letter has been posted to our bank and not the office address on their statement. (ie PO Box )We are very surprised that the court was unable to provide the information we seek. Their reasoning being because it is a "summary cause" .Our question to you is this correct that the sheriff clerk is unable to give the information due to it being a summary cause. (They advised to contact our bank)Can you also advise if we have funds coming into the account, will they also be arrested.
We are unsure at this stage how much the arrestment is for and what type of arrestment. Should we tell our debtors not to put funds into the account.
many thanks for the service ,
R.
ps Initially we already wrote to you in this respect.
Submitted: 27 days ago.
Category: Scots Law
Expert:  JGM replied 27 days ago.

The court would not be able to tell you who the summary warrant creditor is. The warrant is granted by a sheriff and executed by the creditor via sheriff officer. There is no court process as such. Typically it is the council for council tax arrears or rates. You should also have had the warrant served on you. Your bank MUST tell you who has arrested the account. Go into a local branch if you can.

Customer: replied 27 days ago.
Many thanks for your reply which is noted and appreciated.
We have not had any papers served upon us.
We do have problems with the mail and made a complaint to the Royal mail.
We are not entitled to pay council tax .
We think the issue is to do with water charges which is not a lot of money .
However this was due by a previous tenant .
The pursuer has probably carried out a search on the property as to see who is the proprietor and pursued us.
We will probably hear back from our bank this week and then can attend to the matter.
The reason we were going to the head office as that is where we thought all the paper work would be.
Many thanks for the service ,
R.
Expert:  JGM replied 27 days ago.

You’re welcome. Don’t forget to leave a positive rating so that I am credited for my time.

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