Thread: Council tax we're not liable for

When our house in England was repossessed two years ago, we moved home to Scotland and have been there ever since. We've now had two letters from bristow and sutor, claiming council tax for our old house over the last two years. Since we (clearly) haven't been living there and ownership has reverted to the mortgage company, we know we're not liable. The last letter, received today, said that they were planning to come and visit. Whilst I know we don't have to open the door or let them in, etc etc, I found this on another thread and am wondering if we can send a letter to them using it to keep them away til we can sort out the council.

Dear Eejits

I refer to your recent correspondence.

I note it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

This is a fantastic forum, we've found it very very helpful

Hi Smeesue and welcome to CAG, send them that letter.

Thank you

This is a great resource, very helpful, understandable and friendly. I don't know whose idea it was, but they deserve a medal!

I'll get the letter printed out and sent tomorrow, along with a paragraph disputing claim and asking for exact details.

Thank you again

Hi Ida

The letter specifies the local authority where we used to live, and, since we were up to date with council tax when we moved, it can only be for the time after that. I do want to check though - I've read through far too many threads here and elsewhere to trust any collection agency. If they told me water is wet and the sky is blue, I'd check it out just to be sure! So tomorrow I'll send the letter disputing the claim, asking for details and telling them not to bother visiting. I will also call the previous local authority and give them a bit of a prod.

Thanks again - we don't have a lot of money, but I'll donate some as soon as I can. What I do have is time, so if I can help anyone, just shout

Originally Posted by maroondevo52

Hi, Smeesue,

Join the club, I'm skint too That's how I found this site and good people like Ida, If you can help others your more than welcome to have a scout around the Forums, people are always looking for help with loads of different peoblems, If you feel you can help, please do

Enjoy your time on CAG, who knows you may stick around for years like us.

Regards.

Scott.

Hiya

I'll have a look round. We're still learning the differences between English and Scottish law, but we both have an interest so it's not such hard going. And it's good fun tying people who think you don't know the law in knots It's amazing what agencies will try in terms of bullying and intimidation; I'm not a pushover by any stretch of the imagination, but I still find it tough to stand my ground sometimes, even when I know I've got the right of it.

So, as I learn more, I'll be able to help more

Hi

Could someone please check this letter and let me know if it's ok to send out? I suspect that because they're operating in England and we live in Scotland, we're going to be able to get them on a number of issues invoking law either side of the border!




Dear Sir,

With reference to your letter, dated 01/06/09, I have to inform you that these charges are in dispute with the council. We have been in touch with the council and will deal with them directly from now on. I have also to inform you that I am aware of the fees allowed under statute, and when these fees can be applied. I am also aware that you cannot simply visit and remove goods; you must have a levy on those goods, generated by a first visit, for which you are allowed to charge £24. Your letter is not only very misleading, but intimidating, which is a breach of the code of conduct you are supposed to abide by. Please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. Please also be advised of the following:-

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

Please send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

Yours Sincerely

Thanks Ida, I'll get that out to them recorded delivery tomorrow

And thanks also for another point of Scottish law to add to our list - we know a fair bit about English common law, specifically how it pertains to civil liberties, property etc, but we're still learning about how things work up here.