SEARCHING THE REGISTER OF INSOLVENCIES
If you are a petitioner, or creditor concurring with (or agreeing to) a petition, and you become aware that there is:
- already a petition before the court for the debtor's sequestration; or
- that an award of sequestration has already been made, from which the debtor has not been discharged,
you must inform the court as soon as possible. Failure to do this means that you may be made liable for the expenses of presenting the petition. It is a waste of money to sequestrate a debtor again if he has not been discharged from an earlier sequestration.
How can I find out if there are already proceedings for the sequestration of the debtor or if someone else has sequestrated them?
You can have a search made in the Register of Insolvencies. If sequestration has already been awarded, the search shows the name and address of the interim or permanent trustee. You should contact the trustee to find out if your claim can be included in the existing sequestration.
How do I search the Register of Insolvencies?
You can:
- write to us asking for a search;
- call into the office personally; or
- use the fax service.
How does the fax service work?
Simply complete the standard enquiry form in Appendix 2 and fax or post it to us. A reply will be faxed back to you within one working day.
What is our address?
The Accountant in Bankruptcy
1 Pennyburn Road
Kilwinning
Ayrshire
KA13 6SA
Phone: 0300 200 2600
Fax: 0300 200 2601
Helpline: 0300 200 2777
What information do we need to carry out a search?
Give as much detail as possible using the standard enquiry form in Appendix 2. The more information you give, the easier it is to distinguish between debtors who have the same or similar names. You should also make sure, as far as possible, that the information is accurate. For example, check that the debtor's name is spelt correctly, as this can affect the results of the search.
Do we charge for this service?
Yes. The current fee is £16 for each search. (This is reviewed periodically).
- If you send a written search request, enclose a cheque or postal order for the fee payable. Do not send cash through the post.
- If you call at the office, you can pay by cheque or cash at the time.
- If you use the fax service, we will send you an invoice.
What if the trustee says that the debt does not qualify in the existing sequestration because it became due after the date of the sequestration?
If this happens a further petition is possible, but will probably not attach any assets which will already have vested in the earlier sequestration. Before proceeding therefore, you should consult a solicitor or us for further advice.
How do I search the Debt Arrangement Scheme Register?
This contains information on Debt Payment Programmes approved under the Debt Arrangement Scheme. You can find information on how to search the register at www.moneyscotland.gov.uk.