Letter from Gilson Gray? Read this before you reply

A letter from Gilson Gray is being sent by qualified Scottish solicitors. Gilson Gray is an Edinburgh-headquartered firm with offices across Scotland — solicitors and financial advisers operating under the Law Society of Scotland — and their debt-recovery arm acts for banks, finance houses and other creditors using Scottish enforcement procedures.

If you have received their letterhead, the framework is Scots law, not English. This guide covers what they can pursue, the Scottish deadlines that matter, and how an IVA (or a Scottish Trust Deed) stops their action.

Who Gilson Gray are

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Gilson Gray is a Scottish multi-disciplinary firm headquartered in Edinburgh, with additional offices in Glasgow, Dundee and elsewhere. The firm covers litigation, conveyancing, family law, financial services, employment and corporate work. The debt-recovery practice acts for major UK creditors pursuing accounts against debtors in Scotland.

Because Gilson Gray is a Scottish solicitors firm regulated by the Law Society of Scotland, their work in Scotland uses the Scottish court system:

• Cases are raised in the sheriff court, not the county court
• Enforcement is carried out by sheriff officers, not bailiffs
• The framework is the Debtors (Scotland) Act 1987 and the Bankruptcy and Diligence (Scotland) Act 2007
• The limitation period is 5 years under the Prescription and Limitation (Scotland) Act 1973, not 6

For consumer-credit work they also operate within the FCA’s CONC rules and the Consumer Credit Act 1974.

What Gilson Gray can and cannot legally do

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Gilson Gray’s debt-recovery arm are solicitors, not enforcement officers. They can:

• Send Letters Before Claim and pre-action correspondence
• Raise an action in the sheriff court for payment
• After a sheriff court decree, instruct sheriff officers to serve a charge for payment and pursue diligence
• Negotiate settlements on behalf of their client

They cannot force entry to your home, take goods themselves, threaten arrest (the matter is civil, not criminal), or invent fees beyond what the original credit agreement and the court allow. Sheriff officers — instructed separately — carry out diligence such as earnings arrestment, bank arrestment, attachment of moveable goods outside the home, or inhibition against heritable property.

Two checks worth running first

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1. Section 77/78 CCA request. For consumer-credit accounts, write to Gilson Gray asking for a true copy of the original signed credit agreement, statement of account and notice of assignment. They have 12 working days to respond. While they are unable to comply, the debt is unenforceable in court.
2. Prescription check. In Scotland, a debt prescribes after 5 years without a payment, written acknowledgement or court action — and once prescribed, the debt ceases to legally exist. This is stronger protection than English statute-barred status.

Don’t make a part-payment before checking the dates. A single payment resets the prescription clock.

How Gilson Gray tend to escalate

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The Scottish track:

1. Letter Before Claim demanding payment within a set period
2. Initial writ or simple-procedure action raised in the sheriff court — typically a 21-day response window
3. Sheriff court decree if undefended (the Scottish equivalent of an English CCJ)
4. Charge for payment served by sheriff officers — 14 days to pay before diligence
5. Diligence — earnings arrestment, bank arrestment, attachment of moveable goods, or inhibition against heritable property

Decrees are difficult to recall once entered. The window of maximum leverage is the 21-day response period after the writ is served.

Routes out under Scots law

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• Settle in full with a written agreement, including a “full and final” clause
• Time-to-pay direction — the application form is sent with the writ or charge for payment, and if granted stops diligence while you maintain the instalments
• Protected Trust Deed — Scotland’s equivalent of an IVA. Once protected, further diligence on included debts is stopped and the unpaid balance is written off after the term (typically four years)
• IVA — recognised UK-wide; some Scottish residents prefer an IVA where their creditor mix or circumstances suit it better
• Debt Arrangement Scheme (DAS) — a Scottish statutory plan that consolidates payments and freezes interest, without write-off
• Sequestration — Scottish bankruptcy, accessible via the MAP route for low-income debtors with low debt

The right answer for an individual depends on debt level, residency, asset position and income. The decision between a Trust Deed and an IVA is a judgement call best made after a free eligibility check.

Pitfalls when Gilson Gray are involved

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• Never ignore a sheriff court writ. Decrees are entered by default and are hard to recall
• Never accept liability over the phone. Stay in writing
• Never make a part-payment before checking the prescription dates — it can reset the 5-year clock
• Don’t confuse English and Scottish rules. Limitation, enforcement and insolvency frameworks differ — get advice tailored to where the debt is being pursued
• Don’t move money out of a bank account in panic — bank arrestment can be reversed but moving funds can be construed as evasion

Frequently asked questions

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Are Gilson Gray bailiffs? No. They are Scottish solicitors. Enforcement is carried out separately by sheriff officers and only after a sheriff court decree.

Will an IVA include my Gilson Gray debt? Yes. IVAs are recognised UK-wide. Scottish residents can also consider a Protected Trust Deed as an alternative formal solution.

The debt is years old — can Gilson Gray still claim? If five years have passed in Scotland (six in England) since the last payment or written acknowledgement, and no court action was raised, the debt is prescribed (Scotland) or statute-barred (England) and cannot be enforced.

What is a charge for payment? A formal demand served by sheriff officers after a sheriff court decree, giving 14 days to pay before further enforcement action.

Related guides

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• Aberdein Considine — Scottish solicitors
• Stirling Park — Scottish sheriff officers
• How long can I be chased for a debt?
• Can debt be written off?
• How do I apply for an IVA?