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Stirling Park: Sheriff Officers, Scottish Debt Enforcement, and Your Rights

·4038 words·19 mins

Stirling Park is a Scottish enforcement firm based in Kilmarnock. Unlike standard debt collectors, they employ sheriff officers — court-commissioned officers with legal powers to arrest your wages, freeze your bank account, and seize goods. They collect council tax for 11 Scottish councils and commercial debts for banks and utilities, and they’re now part of the ColX Group, the UK’s largest enforcement conglomerate.

Who Are Stirling Park?
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Full legal name: Stirling Park LLP Company number: SO300097 (Scottish Limited Liability Partnership) Registered office: 25 Bank Street, Kilmarnock, KA1 1HA Founded: 1924 (incorporated as LLP in 2002) — over 100 years of operation CSA membership: No. 718 (member since 2010) Core services: Debt collection, enforcement, process serving, tracing

Stirling Park maintains eight offices across Scotland:

  • Kilmarnock (headquarters and primary collections facility)
  • Glasgow
  • Edinburgh
  • Aberdeen
  • Inverness
  • Plus regional offices serving local sheriff courts

The ColX Group Connection
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In 2023, Stirling Park was sold to become part of the ColX Group, the UK’s largest enforcement conglomerate. Previously owned by Capita PLC from 2014 to 2023, the firm now sits alongside Equita (England’s largest enforcement agency), Jacobs Enforcement, and Ross & Roberts under a single corporate umbrella.

ColX Limited is backed by Capricorn Capital Partners and the South African-based Shackleton Group. The entire group collects over £300 million annually and shares management, technology platforms (ColXSys), and executive leadership.

What this means for debtors:

  • Stirling Park is no longer an independent Scottish firm.
  • Your debt may have been referred through the ColX Group’s network.
  • If you’re in England and receiving contact from Stirling Park, it’s likely because your debt was passed through the group’s shared infrastructure.
  • The firm operates with the scale and resources of a major conglomerate.

Regulatory Status
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Unlike most debt collectors covered on this site, Stirling Park is not FCA-authorised in the traditional sense. Their primary functions — enforcement of court orders, council tax collection, and process serving — fall under statutory exemptions for court officers.

However:

  • They are members of the Credit Services Association (CSA) and adhere to the CSA Code of Practice.
  • The parent ColX Group maintains high compliance standards to protect the broader group’s regulatory standing.
  • They are subject to oversight by the Society of Messengers-at-Arms and Sheriff Officers.

What Can Stirling Park Actually Do?
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This is the critical difference between Stirling Park and standard debt collectors like Cabot Financial, Lowell, or PDCS.

Stirling Park sheriff officers are NOT the same as debt collector “field agents”.

Sheriff officers are commissioned by the court and have statutory enforcement powers under Scottish law. When a Stirling Park sheriff officer arrives at your door, they’re not just there to have a conversation — they have legal authority to take action.

What Sheriff Officers CAN Do:
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  • Serve legal documents — Summons, court orders, notices.
  • Execute earnings arrestments — Instruct your employer to deduct money from your wages.
  • Execute bank arrestments — Freeze funds in your bank account without prior notice.
  • Seize goods outside your home — Vehicles, machinery, tools (with exceptions for essential items).
  • Seize goods inside your home (Exceptional Attachment) — Only with a specific court order and after providing a Debt Advice and Information Pack at least 12 days in advance.

What Sheriff Officers CANNOT Do:
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  • Arrest you — They are not police officers.
  • Imprison you — Debt is a civil matter, not criminal.
  • Use violence or physical force — Reasonable force is permitted only for lawful entry under a specific court order (rare).
  • Threaten you — CSA rules prohibit aggressive or abusive conduct.

The critical difference from English bailiffs: sheriff officers operate under Scottish diligence law, which has different rules, different protections, and different procedures from the English enforcement system.

The Summary Warrant and the 10% Penalty
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For council tax and other local authority debts, the enforcement process starts with a Summary Warrant.

How It Works:
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  1. You miss a council tax payment and receive a reminder.
  2. You miss the deadline in the reminder.
  3. The council applies to the Sheriff Court for a Summary Warrant.
  4. The warrant is granted automatically — no hearing, no opportunity for you to argue your case.
  5. A 10% surcharge is immediately added to your total debt.
  6. Your account is passed to Stirling Park for enforcement.

Example:
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If you owe £2,000 in council tax arrears, the Summary Warrant adds £200 overnight. You now owe £2,200 before any enforcement even begins.

This 10% penalty is statutory and non-negotiable. It catches people by surprise because there’s no warning — one day you owe £2,000, the next day it’s £2,200.

Once Stirling Park has the Summary Warrant, they can proceed with earnings arrestment, bank arrestment, or attachment without needing further court approval.

Earnings Arrestment — Can Stirling Park Take Money From Your Wages?
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Yes. Earnings arrestment is one of the most powerful tools in Scottish enforcement.

Once Stirling Park has a court decree or Summary Warrant, they can instruct your employer to deduct money directly from your wages. Your employer must comply — it’s a legal obligation, not a request. Failure to comply can result in your employer being held liable for the debt.

The 2025 Earnings Arrestment Tables
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New regulations came into force on 6 April 2025 under the Diligence against Earnings (Variation) (Scotland) Regulations 2024. These updated tables apply to all earnings arrestments, including pre-existing orders.

Monthly Net EarningsMonthly Deduction
Up to £750.00Nil (protected minimum)
£750.01 to £1,500.00£10.00 or 15% of earnings over £750, whichever is greater
£1,500.01 to £2,500.00£112.50 plus 20% of earnings over £1,500
£2,500.01 to £3,750.00£312.50 plus 25% of earnings over £2,500
Over £3,750.00£625.00 plus 50% of earnings over £3,750

Example Calculation:
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If you earn £1,800 per month after tax:

  • Protected minimum: £750
  • Excess: £1,800 - £1,500 = £300
  • Deduction: £112.50 + (20% × £300) = £112.50 + £60 = £172.50 per month

Key Differences from English Attachment of Earnings:
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  • In England, an Attachment of Earnings Order (AEO) requires a separate court application after a County Court Judgment.
  • In Scotland, earnings arrestment flows directly from a decree or Summary Warrant.
  • The 2025 Scottish rates apply to all existing arrestments, not just new ones.
  • Scottish employers cannot challenge the order — they must comply immediately.

If you’re facing earnings arrestment, the only ways to stop it are through a Debt Arrangement Scheme (DAS), a Protected Trust Deed, or a Time to Pay Order.

Bank Arrestment — Can Stirling Park Freeze Your Bank Account?
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Yes. And it can happen without prior notice.

Bank arrestment is one of the most aggressive tools in Scottish enforcement. Unlike earnings arrestment (which requires a Charge for Payment and 14 days’ notice), bank arrestment can be executed immediately once Stirling Park has a decree or Summary Warrant.

How Bank Arrestment Works:
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  1. Stirling Park serves a Schedule of Arrestment on your bank.
  2. Your bank freezes the funds in your account immediately.
  3. A statutory protected minimum must be left for essential living costs.
  4. The bank holds the frozen funds for 14 weeks.
  5. If you don’t appeal within 14 weeks, the funds are released to the creditor.
  6. If you sign a mandate, the funds are released immediately.

You Receive No Warning
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The first you’ll know about a bank arrestment is when your card is declined or you check your balance and see funds frozen.

This is deliberate. If debtors received advance notice, they could move money out of the account. The law allows arrestment without notice to prevent this.

Protected Minimum
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Scottish law requires a protected minimum balance to be left in your account for essential living expenses. However, this is often calculated as a daily amount over a short period, which may not be sufficient if you have bills due.

If Stirling Park knows a bank arrestment is likely (for example, if you’ve missed multiple payments on a Summary Warrant), consider moving your banking to a different provider or keeping minimal funds in the account until the debt is resolved.

For more on council tax debts and how to handle them: Council Tax Arrears

Can Stirling Park Seize Your Belongings?
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Yes, but with significant restrictions.

Attachment (Outside the Home)
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Sheriff officers can seize non-essential items outside your property, typically:

  • Vehicles — Cars, vans, motorcycles.
  • Machinery — Equipment stored outside.
  • Tools and materials — If stored externally.

However, they cannot seize:

  • Tools of your trade if the collective value is under £1,000.
  • Vehicles essential for work (e.g., a tradesperson’s van) if you can demonstrate this.

Before seizing goods, the sheriff officer must serve a Charge for Payment giving you 14 days to pay.

Exceptional Attachment (Inside the Home)
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Seizing goods from inside your home (Exceptional Attachment) is a last resort and requires:

  • A specific court order.
  • Delivery of a Debt Advice and Information Pack at least 12 days before any visit.

Sheriff officers cannot seize:

  • Essential household items — Beds, cookers, washing machines, fridges.
  • Clothing, toys, and children’s items.
  • Items needed for work or study.

In practice, Exceptional Attachment is extremely rare. It’s expensive, time-consuming, and unlikely to yield significant value. Stirling Park will almost always pursue earnings or bank arrestment instead.

Who Do Stirling Park Collect For?
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Stirling Park’s client base is heavily weighted toward the public sector, which means most of their work involves priority debts — debts that carry serious enforcement consequences.

Local Authorities (Primary Client Base)
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Stirling Park provides enforcement services to 11 of Scotland’s 32 councils, collecting:

  • Council tax arrears
  • Business rates
  • Benefit overpayments
  • Parking fines

Council tax is the bread and butter of their operations. With a 20-year prescription period (see below), councils can chase these debts for decades using earnings arrestment.

Banks and Financial Institutions
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  • Overdrafts — Unpaid overdraft balances passed for enforcement.
  • Unsecured loan accounts — Personal loans, credit agreements.

Legal Sector#

Stirling Park is the primary sheriff officer provider for the majority of Scotland’s law firms, handling:

  • Process serving — Delivery of writs, summons, and legal notices.
  • Enforcement of court decrees — Money judgments from civil cases.

Utilities
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  • Water (Scottish Water)
  • Gas and electricity (SSE, OVO Energy, etc.)

Retail and Catalogue Firms
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  • Consumer credit accounts
  • Catalogue arrears

Purchased Debt Portfolios
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Through the ColX Group’s relationship with the Shackleton Group (a major purchaser of bank debt), Stirling Park is increasingly involved in collecting debt portfolios owned by affiliates of the parent group.

Is Your Stirling Park Debt Prescribed (Time-Barred)?
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Scotland uses prescription, not limitation — and it’s more powerful than the English system.

In England:
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  • A statute-barred debt still exists but cannot be enforced in court.

In Scotland:
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  • A prescribed debt is extinguished — it ceases to exist in law.

The 5-Year Short Negative Prescription
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Under Section 6 of the Prescription and Limitation (Scotland) Act 1973, most unsecured debts are extinguished after 5 years if:

  • No payment has been made toward the debt.
  • The debtor has not acknowledged the debt in writing.
  • The creditor has not obtained a court decree.

Debts covered:

  • Credit cards
  • Personal loans
  • Catalogue debts
  • Energy bills
  • Rent arrears

The 20-Year Long Negative Prescription
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Under Section 7, certain debts are subject to a 20-year prescription period:

  • Council tax — 20 years from the final demand or last acknowledgment.
  • Court decrees — 20 years to enforce a judgment.
  • Mortgage capital — The principal amount of a mortgage.

This is critical for Stirling Park’s operations because council tax makes up the bulk of their enforcement work. With a 20-year window, councils can pursue these debts aggressively over decades using earnings arrestment.

The 2025 Reform: Prescription (Scotland) Act 2018
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The Prescription (Scotland) Act 2018 came into full force on 28 February 2025. This reform:

  • Simplifies the rules — All statutory obligations fall under a clear 5-year limit unless specifically excluded.
  • Introduces a “discoverability test” — The 5-year clock starts when the creditor could reasonably have discovered the obligation.
  • Confirms the 20-year “long stop” — A definitive maximum period that cannot be easily reset.

Most competitors haven’t updated their pages for this reform. The key takeaway: if your debt is over 5 years old (or 20 years for council tax) and you haven’t made a payment or acknowledged it in writing, it may be extinguished.

WARNING:
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Do NOT make a payment or acknowledge the debt in writing if you think it might be prescribed. This restarts the clock. Request a full breakdown of the debt, check the dates, and seek advice from a Scottish debt adviser before doing anything.

For more detail on time limits: Statute of Limitations and Debt

Can You Settle a Stirling Park Debt for Less?
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It depends on the type of debt.

Council Tax: Almost Never
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Councils view council tax as a mandatory statutory obligation. They have no financial incentive to settle for less — they can simply wait 20 years and use earnings arrestment to recover the full amount.

Settlement offers (e.g., “I’ll pay 50% if you write off the rest”) are almost always rejected for council tax debts.

Commercial Debt: 30-50% Possible
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For old credit card debts, loans, or catalogue accounts that have been purchased by a group affiliate or passed to Stirling Park for enforcement, settlement offers in the range of 30-50% may be accepted if:

  • You can demonstrate severe financial hardship.
  • You offer a lump sum payment.
  • The debt is old and difficult to enforce.

Payment Plans: Generally Accepted
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Stirling Park will usually accept an affordable payment plan if you provide a full income and expenditure assessment showing what you can realistically afford.

Contact them directly or work with a Scottish debt adviser to negotiate a plan that prevents enforcement action.

How to Stop Stirling Park Enforcement
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If you’re facing earnings arrestment, bank arrestment, or sheriff officer visits, you have several legal routes to stop the enforcement.

Option 1: Debt Arrangement Scheme (DAS)
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The Debt Arrangement Scheme is a Scottish government statutory scheme and one of the most powerful protections available.

Once approved:

  • All interest and charges are frozen.
  • All enforcement action stops immediately — including earnings arrestments and bank arrestments.
  • You make one affordable monthly payment to a payment distributor, who divides it among your creditors.
  • Your creditors cannot reject your application if it’s approved by a money adviser.

DAS is free to apply through an approved money adviser. It’s specifically designed to stop aggressive Scottish enforcement.

Option 2: Protected Trust Deed (PTD)
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A Protected Trust Deed is the Scottish equivalent of an Individual Voluntary Arrangement (IVA). It’s a formal insolvency solution that:

  • Writes off unaffordable debt over 4 years.
  • Stops all enforcement action immediately.
  • Freezes interest and charges.
  • Allows you to keep essential assets (home, car) in most cases.

You need:

  • Unsecured debts of at least £5,000.
  • Disposable income to make monthly payments.

Learn more: Protected Trust Deed Scotland

Option 3: Time to Pay Order
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A Time to Pay Order is a court application to pay your debt by instalments. If granted:

  • Enforcement action is paused while payments are maintained.
  • The court sets an affordable payment amount.

This is useful for single debts where you can afford to pay but need protection from immediate enforcement.

Option 4: Time to Pay Direction
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Similar to a Time to Pay Order, but applied for during court proceedings, before a decree is granted. This prevents the decree from being issued while you make payments.

Option 5: Sequestration (Scottish Bankruptcy)
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Sequestration is Scottish bankruptcy. It’s a last resort with serious consequences:

  • Debts are written off.
  • Your home may be at risk.
  • Credit rating is severely damaged for 6 years.
  • Can affect certain professions (accountancy, finance, law).

Only consider this if you have no assets and no ability to pay.

If You’re in England or Wales:
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The Scottish enforcement tools (DAS, PTD, earnings arrestment) do not apply if you live in England or Wales. Your protections are under English law:

  • 6-year limitation period (Limitation Act 1980).
  • County Court Judgment (CCJ) process.
  • Individual Voluntary Arrangement (IVA) for England and Wales.

Find out if you qualify: IVA Calculator Learn more: What Is an IVA?

Stirling Park vs English Debt Collectors
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Many people confuse sheriff officers with English bailiffs or debt collector field agents. The powers and procedures are completely different.

FeatureStirling Park (Scotland)English Debt Collectors
StatusCourt-commissioned sheriff officersPrivate company field agents (no court powers)
Earnings DeductionsEarnings arrestment — goes straight to employer after decree/warrantAttachment of Earnings Order — requires separate court application after CCJ
Bank FreezesBank arrestment — can happen without prior noticeThird-party debt order — requires court hearing
Goods SeizureAttachment (external goods) and Exceptional Attachment (internal goods with court order)High Court Enforcement Officers (after CCJ) or certificated bailiffs (council tax only)
Debt SolutionsDAS, PTD, Time to Pay, SequestrationIVA, DRO, Breathing Space, Bankruptcy
Time Limits5-year prescription (extinguished) or 20-year (council tax, decrees)6-year limitation (unenforceable but exists)

The key difference: Stirling Park sheriff officers have real enforcement powers from the start. English debt collector “field agents” (from firms like Cabot, Lowell, Link Financial, or PDCS) have no powers — they can only knock on your door and talk. They cannot force entry, seize goods, or arrest wages without going through a separate court process.

For more on English bailiffs: Understanding Bailiffs and Your Rights For the ColX Group’s English enforcement arm: Equita Bailiffs

Your Rights When Dealing with Stirling Park
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Even though Stirling Park has significant powers, you have important protections under Scottish law and CSA rules.

CSA Code of Practice
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As a CSA member (No. 718), Stirling Park must:

  • Treat you fairly and with respect.
  • Not use aggressive, threatening, or abusive language.
  • Identify vulnerable customers and adjust their approach.
  • Stop contacting you if you request letter-only contact (though the debt still exists).

Charge for Payment
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Before most diligence procedures, Stirling Park must serve a Charge for Payment giving you 14 days to pay the debt in full or seek a payment arrangement.

Use these 14 days to:

  • Request a full breakdown of the debt (including the 10% Summary Warrant surcharge).
  • Check whether the debt is prescribed.
  • Apply for a Time to Pay Order or DAS.
  • Seek advice from a Scottish debt adviser.

Debt Advice and Information Pack
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Before any Exceptional Attachment (seizure of goods inside your home), you must receive a Debt Advice and Information Pack at least 12 days in advance.

This pack includes:

  • Information on your rights.
  • Details of free debt advice services.
  • How to apply for a Time to Pay Order.

Sheriff Officers Must Identify Themselves
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When a sheriff officer arrives at your door, they must:

  • Identify themselves clearly.
  • Show their commission (official authorisation from the court).
  • Explain the purpose of their visit.

If they refuse to show identification or act aggressively, report them to Stirling Park’s compliance team and the Society of Messengers-at-Arms and Sheriff Officers.

Vulnerable Customer Protections
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If you’re in a vulnerable situation (mental health issues, serious illness, recent bereavement, disability), inform Stirling Park immediately. They must:

  • Record your vulnerability on their systems.
  • Adjust their communication methods.
  • Allow more time to respond.
  • Signpost you to specialist support.

You Can Complain
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If Stirling Park or their sheriff officers have treated you unfairly, you have the right to complain.

Stirling Park Contact Details
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Main Phone: 01563 546 518 Email: collections@stirlingpark.co.uk

Registered Office: Stirling Park LLP 25 Bank Street Kilmarnock KA1 1HA

Other Offices:

  • Glasgow
  • Edinburgh
  • Aberdeen
  • Inverness

Complaints: Email: complaints@stirlingpark.co.uk

Or write to: Compliance Manager Stirling Park LLP 25 Bank Street Kilmarnock KA1 1HA

Include:

  • Your name and address.
  • Customer reference number.
  • Details of your complaint.
  • What you want Stirling Park to do.

Escalation
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If Stirling Park doesn’t resolve your complaint within 8 weeks, escalate to:

Society of Messengers-at-Arms and Sheriff Officers (Governing body for Scottish enforcement officers)

For council tax complaints, also complain to:

  • The relevant local council directly.
  • The Scottish Public Services Ombudsman (after exhausting the council’s complaints process).

For data protection issues: Information Commissioner’s Office (ICO) Phone: 0303 123 1113 Website: ico.org.uk

If you’re struggling with debt and want to find out what options are available, use our free IVA calculator to see how much you could write off.

Frequently Asked Questions
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Is Stirling Park a legitimate company?
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Yes. Stirling Park LLP (company number SO300097) is a fully legitimate Scottish enforcement firm. They’ve been operating since 1924 and are members of the Credit Services Association (No. 718). They’re now part of the ColX Group, the UK’s largest enforcement conglomerate. Their sheriff officers are commissioned by the court and have legal enforcement powers under Scottish law.

Are Stirling Park bailiffs?
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Not exactly. In Scotland, they’re called sheriff officers, not bailiffs. While the role is similar to English bailiffs, sheriff officers operate under different Scottish legislation (the Debtors (Scotland) Act 1987 and related diligence laws). They have court-commissioned powers to execute earnings arrestments, bank arrestments, and goods seizures.

Can Stirling Park enter my home?
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Only with a specific court order for Exceptional Attachment (seizure of goods inside your home). This is rare. Before any such visit, you must receive a Debt Advice and Information Pack at least 12 days in advance. For most enforcement (earnings arrestment, bank arrestment, attachment of external goods), they do not need to enter your home.

Can Stirling Park arrest my wages?
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Yes. If they have a court decree or Summary Warrant, they can execute an earnings arrestment by instructing your employer to deduct money from your wages. The 2025 deduction tables (effective 6 April 2025) protect a minimum of £750/month net earnings. Above that, deductions range from 15% to 50% depending on your income level. Your employer must comply — it’s a legal obligation.

Can Stirling Park freeze my bank account?
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Yes. Bank arrestment allows Stirling Park to freeze funds in your bank account without prior notice. The bank holds the frozen funds for 14 weeks. If you don’t appeal or sign a mandate within that time, the money is released to the creditor. A statutory protected minimum must be left for essential living costs.

Can I stop Stirling Park enforcement?
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Yes. The most effective routes are:

  • Debt Arrangement Scheme (DAS) — Freezes interest and stops all enforcement immediately. Free to apply through an approved money adviser.
  • Protected Trust Deed (PTD) — Writes off unaffordable debt and stops enforcement. Link: Trust Deed Scotland
  • Time to Pay Order — Court application to pay by instalments, pausing enforcement.

All of these are statutory protections that Stirling Park must respect.

Is Stirling Park part of Equita?
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Yes, indirectly. Both Stirling Park and Equita are part of the ColX Group, formed in 2023. The group also includes Jacobs Enforcement and Ross & Roberts. They share management, technology, and executive leadership. Equita operates in England and Wales, while Stirling Park operates in Scotland.

How long can Stirling Park chase a debt?
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It depends on the debt type:

  • Most unsecured debts (credit cards, loans, energy bills): 5 years under the Prescription and Limitation (Scotland) Act 1973. After 5 years with no payment or acknowledgment, the debt is extinguished.
  • Council tax and court decrees: 20 years from the final demand or decree. This is why councils can chase council tax debts aggressively for decades.

The Prescription (Scotland) Act 2018 (fully in force 28 February 2025) simplified these rules and confirmed the 20-year “long stop.”

Can Stirling Park chase me in England?
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If you live in England or Wales, Scottish enforcement tools (earnings arrestment, bank arrestment) do not apply. However:

  • Stirling Park can refer the debt to their ColX Group partners (Equita, Jacobs) for enforcement under English law.
  • The creditor can apply for a County Court Judgment (CCJ) in England, which then allows High Court Enforcement Officers or certificated bailiffs to enforce.
  • Your protections are under English law: 6-year limitation period, IVAs, and Breathing Space.

What is the 10% penalty on council tax?
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When a Scottish council applies for a Summary Warrant for unpaid council tax, the Sheriff Court adds a 10% surcharge to the total debt automatically. This is a statutory penalty. For example, if you owe £2,000, the Summary Warrant immediately adds £200, bringing your total to £2,200. This happens without warning and is non-negotiable.

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