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

[M4D YN]

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

ok to sort out the next week you could start payments
http://www.walkerlove.com/payments/

if the Landlord is ripping people off he'll continue to do so until someone stops him, by just paying up and getting it over with, you are actually colluding with him. The council it seems to me is just doing what they do, they want the council tax that is due, and they don't much care who pays it as long as someone does. In this case, they have your name, they've found you and you and have taken action to get the council tax which they see as due. If it's not due, you need to tell them there is a problem, if necessary go to the police and stop this guy, I'm afraid that is the choice, you either pay or you complain your way out.

hard I know but no one on AAD has ever gotten anywhere with our assorted financial problems without working hard at proving the creditors are wrong, it can take a lot of letters and a long time but it can be done, the golden rule always is that if you are prepared to lie down, they WILL stomp all over you.

It wont be me,got enough to do with my own life

[M4D YN]

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

When in 2009 was the liability allegedly incurred?

When was the Liability Order made?

A bit lost with all this,its been going on from early 2009 thats all i have,never had much info even back then,so have nothing now

[CleverClogs (RIP)]

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

it was 2009 and this is 2014

When in 2009 was the liability allegedly incurred?

When was the Liability Order made?

[MrsD]

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

ok to sort out the next week you could start payments
http://www.walkerlove.com/payments/

if the Landlord is ripping people off he'll continue to do so until someone stops him, by just paying up and getting it over with, you are actually colluding with him. The council it seems to me is just doing what they do, they want the council tax that is due, and they don't much care who pays it as long as someone does. In this case, they have your name, they've found you and you and have taken action to get the council tax which they see as due. If it's not due, you need to tell them there is a problem, if necessary go to the police and stop this guy, I'm afraid that is the choice, you either pay or you complain your way out.

hard I know but no one on AAD has ever gotten anywhere with our assorted financial problems without working hard at proving the creditors are wrong, it can take a lot of letters and a long time but it can be done, the golden rule always is that if you are prepared to lie down, they WILL stomp all over you.

[M4D YN]

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

Since you say everything was done with cash do you think HMRC know about that? And if he is corrupt shouldn't the local police be told that too?

I know you say he lives in Canada 90% of the time but he presumably has an address in Scotland. If you know it and issue a court summons online, that will get served/sent to his Scottish address. If he fails to respond (because he's in Canada) then I expect you can get a judgement by default (i.e. if he doesn't enter a defence then you can apply for the judgement).

Then the Sheriff's Officers may go round to his gaff to collect his goods if he doesn't pay up

(I need to check out Scottish law before you go down that road though)

They are all on to him and have been trying for years to get a hold of him ( acts ghost like) and i want nothing to do with him and just need to deal with whats in front of me and get on with my life,it was 2009 and this is 2014 past is the past

[M4D YN]

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

Have you checked with the Sheriff's Office whether a visit is actually scheduled for next Wednesday? Could this letter from the local council be a threat that if you don't pay them (the council) by next Wednesday they will transfer collection to the Sheriff's Office? If so then you still have time to raise a formal complaint to the council by email to prevent the transfer.

Have you previously received the summary warrant from the Sheriff's Office which I mentioned in post #7?

The letter is direct from walkerlove sherrif's

[PlanB]

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

it was all down to the word of the ever so corrupt owner of the unit that the council already new about,he also never had any agreement or tenancy on paper,it was based on how long or short we wanted the unit,they were also already investigating him,but will take his lying word over mines

Since you say everything was done with cash do you think HMRC know about that? And if he is corrupt shouldn't the local police be told that too?

I know you say he lives in Canada 90% of the time but he presumably has an address in Scotland. If you know it and issue a court summons online, that will get served/sent to his Scottish address. If he fails to respond (because he's in Canada) then I expect you can get a judgement by default (i.e. if he doesn't enter a defence then you can apply for the judgement).

Then the Sheriff's Officers may go round to his gaff to collect his goods if he doesn't pay up

(I need to check out Scottish law before you go down that road though)

[PlanB]

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

Its the local council that has sent me the letter with the threat of action of sheriff officers to the door if i don't pay the amount of £500

Have you checked with the Sheriff's Office whether a visit is actually scheduled for next Wednesday? Could this letter from the local council be a threat that if you don't pay them (the council) by next Wednesday they will transfer collection to the Sheriff's Office? If so then you still have time to raise a formal complaint to the council by email to prevent the transfer.

Have you previously received the summary warrant from the Sheriff's Office which I mentioned in post #7?

[PlanB]

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

Oh and i never put it up for debate or to need to justify myself,looked for help only,because i am not in the habit of advertising my problems on the net whatsoever and its hard to ask for help,think i'd rather pay the money now than ever ask for any help on any internet again

Our posts crossed.

Please don't think we're being judgemental. We're playing devil's advocate to try to find an angle for you to explore.

From what you say this ex-Landlord is a rogue who needs to be stopped before he stitches up the next hard-working person who falls for his scam.

The more you tell me the more I think you should sue the arse off him. Even if you don't win you'll at least get some satisfaction in making him face up to his actions and explain them to the court. With any luck he'll probably back down rather than face the prospect of doing that.

[PlanB]

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

1. I note that you have cast some doubt on the efficiency of the council, but have you made a formal complaint?
2. If you have made a complaint, what was the result and how high up the council's paid staff did it go?
3. Have you complained to the CEO of West Dunbartonshire Council, Ms Joyce White? (email - joyce.white@west-dunbarton.gov.uk)
4. If you exhausted all the possible means to complain, did you then take the matter to the Scottish Public Services Ombudsperson? (link)
5. Have you moaned about this to your elected councillors, MP and/or MSP? Find the snollygosters at http://www.writetothem.com

I have done none of the above,this is my first problem like this and ain't no good at letters/emails ect,i am a go up to the counter or phone and shout and ball at them type character,which will cause more hassle than its worth mostly

M4DYN the way I see it the only way to avoid next Wednesday's visit is to take Cloggy's advice and make a formal complaint. The Council will probably have the authority to cancel the visit while the matter is fully investigated. You will need to give them a reason to investigate. If you firmly believe that your lease had ended or been cancelled then tell them that and back it up with paperwork. If you don't have the paperwork then they won't believe you but they may investigate anyway.

It's my understanding that you still have the option to make an arrangement to pay this to the Sheriff's Office by instalments if you prefer not to pay the lump sum. If you enter into that agreement on Monday/Tuesday then they will have no reason to send the Sheriff's Officers to your home on Wednesday. You can then tackle the ex-Landlord afterwards by sending him a Letter Before Action (aka pre-sue letter in Scotland) which sets out your claim (you want to recover the £503.91 which you say he owes the council not you) and give him a date by which he must refund you or you will issue legal proceedings.

Here is how to sue your ex-Landlord and it's cheaper than you think: http://scotland.shelter.org.uk/get_a...ction_to_court

[M4D YN]

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

Im a bit confused, or maybe just haven't read the thread correctly. The op seems to have the opinion that nothing should have been claimed, we have established that its probably unoccupied non domestic rates, but the op hasn't actually made it clear whether their name was on a lease or not.

I don't actually think the landlord has done anything wrong here, unless you can tell me that the lease had expired, been made void, the debt is owed.

Im not trying to be nasty, but complaining the landlord has issued a summons for money due when you owed it, isn't exactly unfair. Of course we will try and help you as much we can, but lets keep this in the context it should be in.

Its the local council that has sent me the letter with the threat of action of sheriff officers to the door if i don't pay the amount of £500 for rates to the privately owned unit i used to have and used to occupy,i had left the unit but they still want the rates for it and it was all down to the word of the ever so corrupt owner of the unit that the council already new about,he also never had any agreement or tenancy on paper,it was based on how long or short we wanted the unit,they were also already investigating him,but will take his lying word over mines,me the tenant that told them they never had a problem before with when the rates were due on the property and for the matter of the landlord doing nothing wrong,ONLY if you were in my position like many other that tried the hardest to run a business from one of very few limited units available in the area,Oh and i never put it up for debate or to need to justify myself,looked for help only,because i am not in the habit of advertising my problems on the net whatsoever and its hard to ask for help,think i'd rather pay the money now than ever ask for any help on any internet again

[SXGuy]

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

Im a bit confused, or maybe just haven't read the thread correctly. The op seems to have the opinion that nothing should have been claimed, we have established that its probably unoccupied non domestic rates, but the op hasn't actually made it clear whether their name was on a lease or not.

I don't actually think the landlord has done anything wrong here, unless you can tell me that the lease had expired, been made void, the debt is owed.

Im not trying to be nasty, but complaining the landlord has issued a summons for money due when you owed it, isn't exactly unfair. Of course we will try and help you as much we can, but lets keep this in the context it should be in.

[CleverClogs (RIP)]

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

So the OP could park his car in his upstairs spare bedroom to avoid seizure?

Yes. Or in his bathroom...

I read somewhere on Google (so not reliable) that Sheriff Officers (Scotland) can enter a home and seize stuff even if the owner is absent (i.e. break in). Is this true?

Yes and no - read Part 3 (link) of the Act. There are certain legal niceties that should be followed.

[M4D YN]

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

It's what we do

I'm logging off now but I'll be back tomorrow.

Nighty night

[PlanB]

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

Thanks so much for all the help guys,means a lot

It's what we do

I'm logging off now but I'll be back tomorrow.