Buchanan Clark & Wells / Glasgow City Council / Council Tax Arrears

[DNA]

My partner has received this letter from BCW.

Pursuers: Glasgow City Council

Enforcement of Summary Warrant

Council Tax Arrears

Despite contacting you on numerous occasions, you have not responded to any of our requests to settle you outstanding Council Tax arrears.

This notice is to remind you that a Summary Warrant was granted in the Sheriff Court for payment of your outstanding Council Tax.

New regulations require us to instruct Sheriff Officers to serve a Charge for Payment of Money on you before taking any further action. This will result in additional expenses being charged against your account. These expenses will be recoverable from you. If you do not pay the sum specified in the Charge for Payment the following action can be taken:

Arrestment of Earnings or acounts you have with Bank/Building Society

Arrestment of other money and moveable property

Attachment and auction of property held out with your home.

We will hold this action for seven days to allow you to clear your account or contact us on 0845 300 6891 to discuss a repayment arrangement.

I need to ask advice on the following questions:

1. The alleged debt relates to Council Tax arrears for a property my partner rented from Glasgow City Council from 1997 to 1999. Can a debt this old be chased?

2. My partner lives in England. How can a warrant issued in Scotland be enforced in England.

3. My partner tells me that he was claiming full Income Support for the period he lived at the address in question. I know that water rates are included in the Council Tax but not covered by Council Tax Benefit. In a telephone conversation with BCW recently they said that some of the arrears were for Council Tax and some for water. We asked for a breakdown but none was sent. If he was being paid Council Tax Benefit, how can Council Tax arrears accrue (understandable that water rates accrue and may be payable but we don't know how much).

Does anyone have any observations or advice?

Many thanks
Aleks (on behalf of Dave)

[twofoot]

Interesting case, wish I could help. BUMP

[Allwood]

I feel that it is highly unlikely that a council would chase a debt that old as in the rest of the country they keep old papers debt for up to six years. I would cca the scum Buchanan Clark & Wells to see if they have any rights to go chasing you for an old debt like that old.

You could also contact the council on behalf of your partner to see if they are actually chasing debts that old. Is it a lot of outstanding debt. It is worth checking it out with the council.
Hope you are able to get it sorted

[huggy41]

step 1 sent letter to clark and wells say you are disputing these arrears with the council send it recored so they have to sign for it.
step 2 ring the council up and tell them you are disputing the account and could they please send all relevent information pertaining to this account to you asap as you are disputing the fact

ALWAYS PRINT YOUR NAME NEVER USE YOUR SIGNATURE

[42man]

You can't send a CCA for council tax, CCA's only apply to credit cards or loan agreements....

If you are living in England they cannot enforce Scottish law on you...

This is the Scottish law on limitation....

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsided for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"


I would send letter 'M' from here....by recorded delivery and don't hand sign the letter...

Creditors and DCAs - Letter Templates & Budget Planner

You can also quote this to them from the OFT's guidelines on debt collection...

2.4 (g) -

g. taking or threatening to take court action in the wrong jurisdiction, for
example, taking action against a Scottish debtor in an English court unless

legally justified.

2.14 (b) -

•

continuing to press for payment after a debtor has stated that they
will not be paying a debt because it is statute barred could amount to
harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

And PLEASE report them to TS and the OFT....

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[tarable]

I have read through a few of the forums on Buchanan Clark and Wells because I have received the same letters as a few other people. They have sent me the debt collection officer coming to your address letter stating that I owe 900 pounds from 1999/2000 for a place I lived in for 6 months. I have not lived in Scotland for over 5 years and am currently living in Northern Ireland. Do I need to reply to these people or do they actually have the ability to send bailliffs/arrest wages without any acknowledgement?

Any help would be very much appreciated!!

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[patrickq1]

today i posted a e mail to BC @W concerning numerous demands they are sending to a 92 year old woman who i absolutely terrified they will send the balliffs in ....she has no conection with the debtor they are after they do not and have never lived at her address she does not know these debtors from adam but it seems bcw have been posting to her for several days ....
my next move shall be a e mail to the gas company and electric companies involved bcw do not seem to get the message
patrickq1