Hi bonzo and welcome to the forum.

In terms of the money that the local authority is seeking for violent profits after the trust deed was signed, how are you connected with the company that was occupying the premises?

You mention you were an employee but do the local authority believe that there was a further link to you?

I guess what I'm really asking is why do you think that the local authority is trying to recover the money from you personally?

Are you planning on defendng this action, bonzo?

Hi bonzo

If they pursue this, then it's a civil matter and they would follow the normal process is their action is upheld. Decree would be granted and they could look at wage arrestment etc. Petitioning for your sequestration would be their last option I suspect.

If they petition for sequestration, then the Trustee in sequestration would probably have a new valuation carried out. This would have no effect on your wife's half share interest in the property.

Mark

Hello everyone and thanks for the resoonse

The action has run its course in the sheriff court. I defended the action at a recent proof but will not have a judgement until after xmas. To give you feed back
When my previous sole trading business collapsed last december,my wife formed a limited company and continued to trade from the premises. The city council had already irritated my lease and on the day I signed the trust deed I informed the landlord. I was by then employed by the company (without a job, no trust deed). the landlord did not force thru any removal until July and invoiced me for the time I was there. Naturaley I defended on the basis of being an employee and naturally the landlord did not see it that way. So the arguement really falls for the sheriff to decide wether I was in possesion unlawfully and award damages to the landlord in the shape of voilent profit, or I win on the basis that I was not in violent occupation. I think It is irrelavent to my case if the company is deemed to be the occupying unlawfully. On what basis can they go for wage arrestment? and how do things proceed? If they obtain decree

Hi bonzo

If they win, you may need to consider sequestration. Unlike Trust Deed, equestration will stop pre existing diligence ( legal action, wage arrestments etc)

Mark