council tax help!!

[scrumpy jill]

My son moved in with his girlfriend in Feb 2008. They informed the local council and the rent and council tax were put in both names.

 

Now Stirling Park have told him that he has to pay arrears in council tax from his girlfriend's previous address. He stayed with me up until feb 2008 and was on the voters role. Does he have to pay.

 

any advice would be appreciated as he is on long term sick and money is tight.

[rory32]

Now Stirling Park have told him that he has to pay arrears in council tax from his girlfriend's previous address. He stayed with me up until feb 2008 and was on the voters role. Does he have to pay.

No he doesn't have to pay. He has no liability for this debt. He only has joint and several liability for the council tax from Feb 2008.

 

Have Stirling Park put this in writing?

[scrumpy jill]

Thanks Rory,

 

No they didn't put it in writing, they phoned him today and told him that they had to pay £10 before 5pm today to stop sherriff officers coming to their house.

[rory32]

I'm not suprised they didn't put it in writing, I bet they wouldn't dare.

 

Your son and his girlfriend really need to ensure that all communication is in writing only as clearly Stirling Park would appear to be willing to tell them any old guff over the phone. It is their legal right to insist that all communication is in writing only.

 

What previous correspondence have they received regarding this matter?

 

In the unlikely event that sheriff officers turn up at their door, they should not let them in, they should not enter into conversation with them and they should certainly not pay them any money. Sheriff Officers have NO legal right to force entry into your home without a court having granted a "Exceptional Attachment Order" - your son and girlfriend would have been informed of the court hearing for this, as they have the right to contest the application.

 

As previously stated your son has no liability for this debt.

[rory32]

Also has your sons girlfriend applied for a time to pay order for the council tax arrears (assuming that she doesn't dispute that she owes it)?

 

More info here Time to pay for council tax debt free help from Govan Law Centre, Glasgow, UK

[scrumpy jill]

They have not had anything in writing about court date. She has told them that she can only pay £3 a week as she does not work as she has a small child. They told her that they had to pay £10 per week. I have advised them to write to them and ask for correspondance in writing only. They also phoned my son's work

[rory32]

Once they have informed them that all correspondence must be in writing if they receive any further phone calls or sheriff officers attempt to get him to pay this they should make a complaint to the Sheriff Principal (they can call their local sheriff court for details) as well as S.M.A.S.O. Welcome to the Homepage of The Society of Messengers-at-Arms and Sheriff Officers

 

£10 is far too much for someone who is not employed. Again has this been put in writing?

 

She also needs to put together a brief income and expenditure sheet to demonstrate to Stirling Park that the amount she offers is genuinely all she can afford.

[scrumpy jill]

Thanks again Rory. This hasn't been in writing all on the phone. On your advice I have stressed that they do not speak to stirling Park on the phoneand everything has to be in writing. Will get girlfriend to do expenditure. appreciate your help.

[ray_gamba]

It may be an idea for your son to contact the Council. If Stirling Park are pursuing him for this debt there is a strong likelyhood that this will be based on the account information that they received from the Local Authority. Your son should insist that the Council Tax liability is corrected and that the Council then contacts Stirling Park to stop further recovery action.

[scrumpy jill]

Thanks for all the advice. This site is great.