Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Buchanan Clark & Wells / Glasgow City Council / Council Tax Arrears
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).
Re: Buchanan Clark & Wells / Glasgow City Council / Council Tax Arrears
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
Re: Buchanan Clark & Wells / Glasgow City Council / Council Tax Arrears
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
Re: Buchanan Clark & Wells / Glasgow City Council / Council Tax Arrears
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...
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....
PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
Before you decide,consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
Re: Buchanan Clark & Wells / Glasgow City Council / Council Tax Arrears
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?
Re: Buchanan Clark & Wells / Glasgow City Council / Council Tax Arrears
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
Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional
Buchanan Clark & Wells / Glasgow City Council / Council Tax Arrears
of property held out with your home.
Reply With Quote
