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ray_gamba

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About ray_gamba

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  1. It wouldn't include Council Tax if an HMO. The landlord is always liable. Extract below from City of Edinburgh Council If you live in a ‘house in multiple occupation’ (HMO): there will be one Council Tax bill for the whole house and the owner or landlord/landlady will be liable. An HMO is where different households occupy the same building but share certain facilities such as a bathroom or kitchen. A house converted into bedsits would normally be an HMO, but a self-contained flat, where the only shared area is an entrance or hall and stairs, will usually be treated as a separa
  2. MarcusmeiIf the dwelling was an HMO the landlord would be liable for Council Tax
  3. What low cost airlines normally do with a name change is to charge an admin fee plus the difference in the cost of the flight between when it was booked and when the name change was notified. Some airlines even charge the admin fee for each sector so if, for instance, you are taking two flights each direction that would be £30 x 4 plus the difference in price. I once had to do a name change and it was going to cost £360, £20 dearer than just making a fresh booking!
  4. Council Tax is governed by Summary Warrant legislation. There isn't a court case as the Sheriff is presented with a list (often with thousands of names) of all Council Tax accounts which the Local Authority wishes to pursue having defaulted on payment. The Sheriff signs the front of the list and this gives the local authority the right to do "diligence" against the debtor e.g. wage arrestments, bank arrestments and attachments. The Council will hold on to the warrant for a few weeks to see if the customer pays. If no payment is received the Council will use a Debt Collection Agency usually
  5. Have GCC told you why they think you had a liability after Feb 05? Did the other tenants stay on in the property after you left? If they did and your name was on the tenancy agreement they may be using that as a basis for pursuing you. Any chance that your former landlord could provide the evidence that GCC are after? Contacting your MSP was a good idea. With elections coming up next year they will be going out of their way to help constituents. The MSP's intervention and the fact that you can show that you have a Council Tax liability for another address for the period should do the tri
  6. I don't know that I understand how they are hitting him for £80,000 for next year. The charge won't be decided until February and bills go out after that. Are your father's tenants renting individual rooms or entire properties? If they are only renting rooms then the properties will be deemed to be homes in multiple occupation in which case your father would be liable for the Council tax.
  7. If it is a consumer debt they would have to pursue you in Scotland. If it isn't, e.g. debt from a business contract it would depend on the terms of the contract.
  8. Although everyone has to have a "sole or main" residence not everyone has a Council Tax liability. An example being grown up kids still living with parents who own the home. You could argue that as you have never lived at your daughter's home it cannot be deemed as being your sole or main residence. Your only real connection is that your mail goes there. The mortgage issue, I would argue, is not relevant as it is not uncommon for a parent or child to have a financial interest in a family member's property e.g. child putting up the money for parents to buy their Council House. I was
  9. It may be worth contacting the Council who instructed Adamson to explain the circumstances. Emphasize your good payment record and they may intervene. If they do you would probably have to pay for the arrestment fee.
  10. As the debt is in Scotland there would not be a Liability Order which is a feature of English legislation. Under Council Tax regulations everyone must have a "sole or main residence". If your partner did not register for Council Tax when moving around and still had a connection with the property in question (tenancy or ownership) Fife would deem that as being his sole or main residence.
  11. An HMO is usually one dwelling occupied by a number of people each with individual leases with the landlord, key to your own room etc. If your landlord owns a block of flats and you live in one of these it wouldn't count as being an HMO as you occupy the whole dwelling. You should contact your Council. They will have a good idea of whether your home is an HMO or not. As a "time being" tenant you would still be liable for Council Tax as you would be regarded as a licensee (see hierarchy in previous post).
  12. The following link takes you to details of the debt arrangement scheme. This may be a solution. http://www.moneyscotland.gov.uk/das/MoneyScotland/Debt_Arrangement_Scheme__DAS_/DAS_Homepage
  13. As long as the home is your sole or main residence responsibility for Council Tax would lie with the tenant regardless of the terms of the tenancy agreement. The exceptions being a home in multiple occupation or a dwelling occupied by asylum seekers where the landlord is always liable. Council Tax liability is determined by the hierarchy of payers (detailed below). From this it is fairy straightforward to work out whether one is liable or not: "If only one person lives in a property they will be the liable person. If more than one person lives there, a system called the hierarchy of li
  14. Did you contact the Council? Stirling Park are collecting the debt on their behalf and can override level being asked for. Looking at the amount they are trying to make you pay suggests that the Local Authority you come under is keen to ingather as much of the debt as possible within the current financial year and have instructed Stirling Park to make arrangements on that basis. Speak to someone within the Revenues section of the Council, preferably a Team Leader, and explain your situation and the fact that you have already made a payment (it sometimes takes a while for these payments
  15. The 10% charge may be theirs but 10% of nothing unfortunately is nothing. Once the summary warrant is signed by the Sheriff the10% charge is intitially the Council's. They will normally hold on to the debt for around six weeks and most will try to work the debt themselves. The debt will then be passed on to the likes of Stirling Park. The only income they derive is if they collect on the debt or do dilligence. If they fail to collect after a given period normally negotiated between the Council and the DCA/Sheriff Officers the debt is then often second placed with another debt collection f
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