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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11748
Experience:  30 years as a practising solicitor.
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Dear JGM, Yesterday a visit was made to Messrs Walker Love

Resolved Question:

Dear JGM,Yesterday a visit was made to Messrs Walker Love sheriff officers in Glasgow, in respect to the arrestment of our company bank account which was on the first of this month.
Glasgow City Council at John Street was not visited, as we now knew what is was pertaining to.
The debt was for NDR (non- Domestic Rates) for 15th May 2015 – 31st March 2016
Their Papers were served at the mail boxes (communal and private) which serve both the residential/commercial properties at the location. As we have no dealings with neither the tenant nor the property, as we sold the unit around March of this year.
However, we still have the leases which we drew up and were both executed. Thereafter the leases were registered at the Books of Council and session in Edinburgh.We have two leases one which the tenant (xxxx TECHNOLOGIES LIMITED) only ran for a year and then decided to return the keys. (17th April 2014 – 16th April 2016) Extract registered 30th Jun 2014Thereafter, a new tenant was found (Mr xxxx xxxx) a sole trader ;and he is still in the property. (13th July 2015 – 13th July 2020) Extract registered 13th January 2016.Considering the circumstances it is clear we were just principle agents and not responsible for the debt.Please advise what we should cover in our covering letter to the sheriff officers.
Should we CC (hand deliver) to Glasgow City Council enclosing copy of letter and lessees which we hand deliver to Messrs Walker love and Co.Should we give the sherriff officier a time frame and if the arrestment is not lifted we will report to CSA (Credit Service Association) and to Society of Messenger at Arms And Sherriff Officers. There generic email takes ten working days to respond to inquiries.Your input would be greatly appreciated.
Submitted: 21 days ago.
Category: Scots Law
Expert:  JGM replied 21 days ago.

The creditor is the council and so any arrestment is instructed by the council. Walker Love would not have the authority to uplift an arrestment. You have to put the various documents together supporting the relevant period so that the council has clear evidence that there was a tenant in occupation. You should hand deliver the paperwork and a covering letter but you should endeavour to speak to someone at the council. It should be made clear both verbally and in writing that the arrestment must be uplifted immediately and if they don’t you will apply to the court and seek expenses from the council.

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