Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

[M4D YN]

Hi guys, i was pointed to the forum by another forum member in the hope that i can get the much needed help please,never had anything like this and its been passed onto sheriff officers for an old debt from 2009 that i was not accountable for,as i was not in the property that they want the rates for??

[MrsD]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

I guess you are in Scotland, how has it got to to the sheriff officers? Have you spoken to the council? Have you received all the letters they would have sent? What council is it, Glasgow have been having a clearout recently............

[M4D YN]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

Hi Mrs D,yeah in west dumbarton,just north of glasgow,the council are as much use as a chocolate teapot and got the letters ect,its got to that stage as i was not in the property and i'd be giving away free money in s sense that i don't owe,the landlord has done it before to other tenants and has been investigated on lots of other things,but i cant prove it

[MrsD]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

ok, so what is the period they are claiming?
when did you leave the property?
do you know who was in the property for the period they are claiming?
do you not have any kind of bill?electricity etc that could confirm your dates?
did you tell the numpties at West Dunbarton that you were moving out?
have you any paperwork at all for anything that could put you somewhere else, ie another council tax bill etc?

[M4D YN]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

ok, so what is the period they are claiming? 500£ worth,no paper work to hand(scunnered)
when did you leave the property? SEP2009
do you know who was in the property for the period they are claiming? yeah but cant prove it,tried to have a word with him (not a nice person)
do you not have any kind of bill?electricity etc that could confirm your dates? all dealing with the landlord were done via a book he had and it was cash,same as everyone that was a tenant
did you tell the numpties at West Dunbarton that you were moving out? i did not,never knew and thats were i am at fault
have you any paperwork at all for anything that could put you somewhere else, ie another council tax bill etc?

i never went anywhere else,i was fixed in that building and then i went mobile(van)

[MrsD]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

so are you saying that the landlord paid the council tax on the property and that you paid him in cash as part of your rent?

if so, have you told the council this?

if you're "mobile" are you staying anywhere permanently? and what are the sheriff officers saying, have you contact them?

[PlanB]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

its been passed onto sheriff officers for an old debt from 2009 that i was not accountable for,as i was not in the property that they want the rates for??

When did you receive the summary warrant and have you been sent a request for information of your N.I. Number ,employer, bank account details etc? If so you must reply to this within 14 days or you will receive a fine. Apparently the amount the council say you owed will automatically receive a 10% increase when the debt is pursued by a summary warrant. This all sounds very draconian to me.

My research tells me that you can no longer dispute the debt but I'd like to think someone from Shelter Scotland will find away. This is their Free-phone Helpline number 0808 800 4444

Here's some information on the summary warrant process in this link:

http://scotland.shelter.org.uk/get_a...il_tax_arrears

[PlanB]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

i never went anywhere else,i was fixed in that building and then i went mobile(van)

When you say you went "mobile" do you mean you were homeless for a while? If you were on benefits during any of the period this debt relates to then you should have been exempt from Council Tax and you may be able to argue this retrospectively.

Can you remember whether you left the property before your tenancy agreement expired? Perhaps your ex-Landlord argued that you were still liable for the Council Tax if that was the case, especially if they didn't know whether you would return so couldn't re-let the property.

Try not to worry until you've spoken to Shelter. If you're on benefits now you can arrange for payments to be taken direct from your benefit and it will only be a small amount each week. Your current circumstances will be fairly considered until this issue is sorted.

[PlanB]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

the landlord has done it before to other tenants and has been investigated on lots of other things,but i cant prove it

Can you tell us how you know he's done it before and that he has been investigated so we can help you find a way to prove it. He may not be a nice guy but you're away from him now so he can't harm you. If he makes any threats then report him to the police.

[M4D YN]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

This is for NON domestic rates,but the period they want the rates for is the bad part,as i was not a tenant in the commercial premises at the time,it now has gone past what is above and they have sent me a letter saying (( debt arrangement and attachment ( scotland) act 2002,intimation of proposed attachment of articles kept outwith dwellinghouses ))officers will be attending your dwellinghouse to execute an attachment of your non essential assets kept outwith your dwellinghouse on a certain day

[PlanB]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

they have sent me a letter saying . . . . officers will be attending your dwellinghouse to execute an attachment of your non essential assets kept outwith your dwellinghouse on a certain day

Thanks for explaining that. This means you are expecting a visit from Sheriff officers to either levy or remove goods from your home in the same way as bailiffs in England and Wales do. My apologies for the misunderstanding.

I'll alert our bailiff experts to see if they know what you can do. What date is the visit due?

[M4D YN]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

Thanks for explaining that. This means you are expecting a visit from Sheriff officers to either levy or remove goods from your home in the same way as bailiffs in England and Wales do. My apologies for the misunderstanding.

I'll alert our bailiff experts to see if they know what you can do. What date is the visit due?

Thanks PlanB its for 26th of this month

[PlanB]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

Thanks PlanB its for 26th of this month

I've sent a PM to a clever person

You have until next Wednesday to sort this. Stay calm in the meantime.

[PlanB]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

officers will be attending your dwellinghouse to execute an attachment of your non essential assets kept outwith your dwellinghouse

May I ask an impertinent question, but do you live alone in your current home? Wait for further advice but in England a debt in a sole name cannot be collected against goods belonging to anyone else. For example if you are married or living with your parents, the bailiffs (in England) can't take items which belong to a partner or family member.

Do you own a car in your sole name which you park near to your property?

[M4D YN]

Re: Debt arrangement and attachment (scotland) act 2002,intimation of proposed attachment

Yeah stay alone and have a car at the property