Help Needed As Soon As Possible Please?

[Needhelp]

Hello Everyone

I was given the link to this forum by Hannah from MSE, thank you Hannah.

To try and put you in the picture, my husband left me and my two children back in 2002 when we lived in Scotland. OUr marital home was eventually repossessed and I had to move away to start living in England, as he had forged my signature on a lot of documents.

Anyway, he's never been able to be traced since the day he left, however that hasn't stopped the debt collectors finding me in England and sending me letters, ringing me up etc - I haven't responded to any letters or answered their calls.

What worries me now is a letter which I was sent at the weekend from a company in Scotland - from Sheriff Officers, threatening to freeze my bank account and/or arrest my wages - apparently this is for unpaid council tax.

If they do this, I'll have nothing left to live on, as I only get paid £500 per month - what am I going to do??

This is the first they've ever contacted me since I left Scotland in 2004.

Thanks for any advice.

[enoughisenough]

Re: Help Needed As Soon As Possible Please?

Someone will advise you soon - although it's hard, try not to worry about these things, they can always be sorted...

EDIT:

Found this info on the interweb... maybe it applies here?

Council Tax

If the Council Tax was due more than 6 years ago then the council are unable to ask the Court for a Liability Order (a liability order allows the council to deduct the Council Tax debt from your wages or benefits). However, it is unlikely that the council will have allowed this to happen, and they will usually have obtained a Liability Order before the 6 years are up.

From the following link:
http://www.payplan.com/debt-library/...n-act-1980.php

[Hannah]

Re: Help Needed As Soon As Possible Please?

First things first, the situation and what in the blazes has actually happened here is not at all clear. Apparently you have sheriffs officers wanting to collect unpaid council tax or they say they're going to freeze your bank account... Slow down a minute... We don't know the dates of this council tax or anything about it. If it's pre 2004 it could be unenforcible by now and if it's post 2004 it could be outright fraudulent. Somewhere between the two you might actually owe it fair and squre... might.

It is not an inconsiderable "might" either. I could spend all day citing examples of why the whole debt collection industry aren't to be trusted and baliffs/ sheriffs officers are as bad as everyone else!

So first things first, they need to prove you owe it. That is thiers to prove, not yours to disprove.
viewtopic.php?p=177#p177

[Never-In-Doubt]

Re: Help Needed As Soon As Possible Please?

Hiya

Laymans for you:

1. What tax year is the CT due?
2. In scotland limitation act is 5 years not 6
3. Forget the other debts, the CT is different and MUST be paid
4. Why are they chasing you solely for a joint CT bill?
5. Do you know where the ex is, to tell the courts?

Stop worrying, thing is council tax will never become unenforceable, it is not a consumer credit related debt. It may become statute barred after 5yrs (as it was due in scotland, scottish law takes effect). Nobody can just arrest your wages - but first things first, you should be looking to find out the date it was due from - their letter will explain.

[Never-In-Doubt]

Re: Help Needed As Soon As Possible Please?

It is not an inconsiderable "might" either. I could spend all day citing examples of why the whole debt collection industry aren't to be trusted and baliffs/ sheriffs officers are as bad as everyone else!

Be very careful on this - an enforcement officer is appointed by the courts and have special powers - you cannot presume that they are a DCA making threats.... it is council tax related, so totally different kettle of fish - normal rules go out the window.

OP - do not send the template, linked to above, right now - just hold fire and answer my questions above please....

See my last post, above. k

[Needhelp]

Re: Help Needed As Soon As Possible Please?

Thank you Never In Doubt

I'll try answer the questions as best I can.

The date on this letter just says: Charge Year - Pre 2008 - I haven't lived in Scotland since 2004.

The reason why they (and everyone else) is chasing me is because my husband disappeared in 2002 and hasn't been able to be traced ever since then. There is another part to that story, but I can't post that on this public board, but can tell you via PM, if you want?

There is no trace of my husband, he's never been traced.

Laymans for you:

1. What tax year is the CT due?
2. In scotland limitation act is 5 years not 6
3. Forget the other debts, the CT is different and MUST be paid
4. Why are they chasing you solely for a joint CT bill?
5. Do you know where the ex is, to tell the courts?

Stop worrying, thing is council tax will never become unenforceable, it is not a consumer credit related debt. It may become statute barred after 5yrs (as it was due in scotland, scottish law takes effect). Nobody can just arrest your wages - but first things first, you should be looking to find out the date it was due from - their letter will explain.

[Never-In-Doubt]

Re: Help Needed As Soon As Possible Please?

Thank you Never In Doubt

I'll try answer the questions as best I can.

The date on this letter just says: Charge Year - Pre 2008 - I haven't lived in Scotland since 2004.

The reason why they (and everyone else) is chasing me is because my husband disappeared in 2002 and hasn't been able to be traced ever since then. There is another part to that story, but I can't post that on this public board, but can tell you via PM, if you want?

There is no trace of my husband, he's never been traced.

Hiya

Ok, well that's weird - you need to contest it and write to them, if anything PM me and then i'll try to sort you some formal response to send.... they cannot just dip into your wages or stuff, don't worry about that.

[Needhelp]

Re: Help Needed As Soon As Possible Please?

Thank you Never In Doubt

I've PM'd you - I think!

[Never-In-Doubt]

Re: Help Needed As Soon As Possible Please?

Hiya

Ok, from everything you've said this should well be statute barred now - See this: http://www.insolvencyhelpline.co.uk/deb ... on_act.php

As you have not paid in over 5yrs (5 in scotland/6 england) - this is statute barred meaning it is now cancelled - you owe zero.

End of.

The council should not go to the magistrates court and ask for a liability order for council tax if the application is made more than six years after the council tax became due. This is under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992.

Council tax appears to be “due” when the council sent a demand notice to you which may not be at the same time the council tax rate was set. It is important that you check when the demand was sent as this affects when the 6 year limitation period begins. You can also complain to the Local Government Ombudsman if the demand was not sent out “as soon as practicable” after the rate was set

[Needhelp]

Re: Help Needed As Soon As Possible Please?

Good Morning

Even though this is Council Tax debt?

Thanks again.

Hiya

Ok, from everything you've said this should well be statute barred now - See this: http://www.insolvencyhelpline.co.uk/deb ... on_act.php

As you have not paid in over 5yrs (5 in scotland/6 england) - this is statute barred meaning it is now cancelled - you owe zero.

End of.

The council should not go to the magistrates court and ask for a liability order for council tax if the application is made more than six years after the council tax became due. This is under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992.

Council tax appears to be “due” when the council sent a demand notice to you which may not be at the same time the council tax rate was set. It is important that you check when the demand was sent as this affects when the 6 year limitation period begins. You can also complain to the Local Government Ombudsman if the demand was not sent out “as soon as practicable” after the rate was set

[Never-In-Doubt]

Re: Help Needed As Soon As Possible Please?

Hiya.

Did you read my reply or click the link or do you just think "what does he know"?

Yes it's council tax and yes, if you try reading what I type before asking me repetative questions, council tax does fall under limitations act 1980. I even quoted the relevant text to you!!!

Click the link and read it.

[enoughisenough]

Re: Help Needed As Soon As Possible Please?

Needhelp... I've been in this doubty place myself - it's so easy to get all worked up over these serious looking letters (which to be honest is what they want you to do) that you find it really hard to make head or tail of anything. You can trust that what Niddy says is genuine - on the 0.0000001% of questions he doesn't know the answer to, he'll point you at someone who does.

Niddy... it's scientifically proven (ahem!) that people in the grip of worry, fear or panic either don't see, read or hear things properly or even worse... they only see, read or hear what they want to see, read or hear - even if it's not what is real ;EEK Remember that we're not as clued up and knowledgeable as you!! ;K5

[Never-In-Doubt]

Re: Help Needed As Soon As Possible Please?

Hiya

Ok, sorry - I must admit my last reply was rather curt - but when I quoted the actual relevant wording - it kinda blew me away when I was asked if it was about council tax ;D ;D

I know people stress, subtleness is not my strongest point so apologies there. Thanks for pointing this out to me; enoughisenough ;-y

:3sum

[Needhelp]

Re: Help Needed As Soon As Possible Please?

Thank you.

I did actually read it, and at first didn't see the Council Tax heading but scrolled down after I had posted.

Need I do anything, do I need to contact them or anything like that?

Sorry, if that's already been answered somewhere else.

[Needhelp]

Re: Help Needed As Soon As Possible Please?

Thank you Enoughisenough.

Needhelp... I've been in this doubty place myself - it's so easy to get all worked up over these serious looking letters (which to be honest is what they want you to do) that you find it really hard to make head or tail of anything. You can trust that what Niddy says is genuine - on the 0.0000001% of questions he doesn't know the answer to, he'll point you at someone who does.

Niddy... it's scientifically proven (ahem!) that people in the grip of worry, fear or panic either don't see, read or hear things properly or even worse... they only see, read or hear what they want to see, read or hear - even if it's not what is real ;EEK Remember that we're not as clued up and knowledgeable as you!! ;K5