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Just received this from Scott & Co this morning.Its for council tax

 

Account no Charge year Payments recieved Balance due

 

xxxxxxxxxx 2009 . 00 216. 46

 

 

We have been instructed to execute a CHARGE for PAYMENT and Funds Arrestment in respect of the debts above.

This means that you will not have access to funds held in your bank account,building society account or due to you by a third party.

It is essential that you contact us immediately on the above telephone number to prevent this action proceeding against you.

 

It then has a payment advice slip attached to it.

 

What does this mean ?

Can they arrest my funds ?

I am a disabled person (after serious accident in 2005) and unable to work and the only funds I have/get paid into my bankbuilding society account are my incapacity benefit and disability and income support payments.I have no other money coming in and that will never change.

As I understand (and correct me if I am wrong) the law states that a person needs xx ammount of money to live, this being my benefit payments.I am sure that they cannot even touch this money as its all benefit money.And of course this would cause undue hardship.

I allready have deductions taken from my benefit each week for a previous council tax bill paid directly to Aberdeenshire council.And as per deductions taken from benefit payments there can not be more than one deduction allowed per payment and it can't be more than a certain ammount.I think they are not allowed to take more than £5 per fortnight, which is roughly the ammount I pay.

Scott and CO have no record or any idea of which bank/building society my money is paid into and I have no intention of telling them.Also the council (Aberdeenshire Council) have no idea which bank building society I am with.

So basically can they find out which bank/building society my benefit money is paid into without me telling them and put a funds arrestment on to it?.

There is also a bit on the bottom of the letter stating ....if you have recently cleared the above arrears please ignore this letter.

Are Scott & Co just trying it on into scaremongering me into contacting them and try to get me to set up a payment scheme and of course they would then find out my bank details.

This has got me worried and it seems a bit severe for an account which is just overdue a few months.

As I allready pay the maximum allowed through deductions from benefit, I can't really afford to pay anymore.

Should I contact Scott & Co and offer them 50p per fortnight or just ignore their threats as without my bank/building society details there is not a lot they can do.

They also have no idea I am disabled and on benefits and if I did phone them I would definately lose my temper with them. To me they seem nothing more than bullies and will do or say anything to get their money.

Being disabled and on benefits would class me as vunerable and unable to pay.

I remember these muppets from years ago when I was married and my wife had run up arrears on a catalogue. I was working then.They had visited my house and at the time no one was in so they could not get into the house and never spoke to me or my wife.When we got home there was a note that had been put through my letterbox ,hand written on a blank piece of paper stating they were going to take away my stereo system and the tv and video recorder and how much they had valued them at and would be back next day to collect them.Because of this I did manage to scrape some money together.I had not a clue then about dcs and balliffs and what they could and couldn't do.

They had looked through my window, never even gaining entry and seen the items and then written out this note and I of course I fell for it.They did come back next day and my wife let them in and we landed up paying them.

I now know how underhand and intimidating these muppets can be, if only I had known back then my rights I would have told them where to stick their note and would never have let them in.

It just shows the underhand tactics some of these balliffs/sherriff officers resort to and back then I was completely ignorant about what they can and can't do.They just preyed on people not knowing their rights and still do today.

But thanks to the internet and of course sites like these we are all a lot wiser now and are fighting back against them.Without the CAG I would still not be any the wiser, so I wish to thank all the members/posters for all the invaluable information on here.Hopefully someone more versed in sherriff officers and Scott & Co can advise me of what to do next

 

Apologies to kermit/miss piggy and co for classing sherriffs officers and balliffs as equals to them.By and far the Muppets are far superior and are more respected.

 

FP

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I will try and find the link you require, and post it ;)

 

You are correct that Scott and Co cannot touch any benefit money and must return any money that you have paid if you have been on benefits.:mad:

 

You must also contact the council ASAP and i would also contact your local councillor by telephone and letter ;) they work for US remember:D

 

Do not speak to sheriff cowboys on the phone :D

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They haven't taken any money from my account or tried to (yet)

 

As Scott & Co do not have any idea of where I do my banking would this not mean there is no way they could execute a funds arrestment or is there some way they could find out where I hold an account.?

Surely they wouldn't try to contact every bank there is in the hope of discovering where I do my banking or are they that stupid?

 

I have no direct debits or payments of any kind taken out of my account and it clearly states on my statements that every payment put in to my account is incapacity/disability payments.

I really think they are trying it on especially after reading the govan law centre link in the hope that I will contact them.

Not in a million years will I call them and if they do decide to visit my house they will be told exactly where to go.Seems they are just speaking out of their derriere.

If they could do this they would have allready done it.

 

Would it be worth contacting my account provider to inform them that Scott & co might try to arrest my money being paid into my account and this would be illegal as its benefit money.

I think I will just wait and see what dirty trick they try next.They should not be getting away with this.I will save a copy of DB's letter just in case.

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Whether they should do it and whether they can do it are very different, Foggie. - (Interesting username, by the way!)

 

They can do it, even when you haven't disclosed your banking details to anyone. They did it to me a few years back for Council Tax. They shouldn't have done it, but they did do it. I got it back, eventually.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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Whether they should do it and whether they can do it are very different, Foggie. - (Interesting username, by the way!)

 

They can do it, even when you haven't disclosed your banking details to anyone. They did it to me a few years back for Council Tax. They shouldn't have done it, but they did do it. I got it back, eventually.

 

 

Erika,were you on benefits when the sheriff cowboys robbed your account :eek:

 

Foggie, best to get a letter off to sheriff cowboys and tell them you are only on benefits and amend delboys letter to suit,also contact the council

and explain the situation and also your local councillor.

 

Sheriff bully boys dont like complaints about them and on your letter ask them to reply within 7 days :D

 

Send your letters signed for and keep receipts

 

best line of defense is attack

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I wonder if I could email them,I shall have a look, It does state on the back of the letter that you can pay online various ways.As though I would give these lot my bank details, I am not that stupid.

The council allready take money direct from my benefit for a previous bill so there is really no way they should even be doing this.

Do I enter the account number from the letter I recieved from Scott & Co(n) as there is no way I am putting my bank details on it.And being that they do not know which bank I deal with this would give the game away.As they have not tried this yet I think that I will contact my bank first.

 

Not to sound stupid but I can't find the letter of appropiation

Edited by foggiepete
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I can't find the letter of appropiation

 

Should find one in here.........

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/36790-bank-taking-your-benefits.html

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Foggiepete,

 

How did you get on with the COWBOYS have they responded to your letters yet ?

 

Also contact the councils LEGAL DEPARTMENT as well and inform them what is happening.

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I actually didn't even bother with Scott & Co and contacted the council directly.I sent them the following email......

 

Account no xxxxxxxxx xxxxxxxxxxxxxxx

 

 

Dear Sir/madam.

I have received a letter today from Scott & Co regarding an outstanding council tax bill for 2009.It states that .....

We have been instructed to Execute a CHARGE for PAYMENT and Funds Arrestment in respect of the debt above.This means that you will not have access to funds held in your bank account,building society account or due to you by a third party.It is essential that you contact us immediately on the above telephone number to prevent this action proceeding against you.

I find this very threatening and distressing.

I am a disabled person (registered severly disabled) after a bad accident 5 yrs ago which resulted in me being unable to work for the rest of my life.The only money I receive is benefit money ie, income support/incapacity/disability and this is all .As you are aware it is illegal to freeze an account that soley comprises of benefit money as this is exempt as per below............

 

Both the Scottish Law Commission and Scottish Executive concede that

social security benefits are exempt from arrestment in terms of section

187 of the Social Security Administration Act 1992 (see Enforcement of

Civil Obligations in Scotland, Scottish Executive report, at paragraph

5.245). Section 45 of the Tax Credits Act 2002 is an identical

provision to the said section 187 of the 1992 Act.

 

It is therefore trite law that tax credits and other such maintenance

0Aor social security benefits are exempt from arrestment. The case of

Woods v Royal Bank of Scotland 1913 SLT 1 Reports 499 is authority for

the proposition that where exempt monies are paid into a bank account

Those monies remain exempt from arrestment insofar as such monies can

be clearly identified within an account.

 

I clearly states on my account that any payments I receive are made up from social security benefits and to do this would cause undue hardship and I am also exempt as I would be recognised as a vunerable person. This is the only money I have to live on and as the law states ...a person needs xxx ammount of money to live on and this is all I receive.

I allready have deductions taken off of my income support for a previous council tax bill at the maximum allowed.

It is not that I am unwilling or unable to pay But I refuse to be bullied by Scott & Co and find their tactics very underhand and unnaceptable and do not want to deal in any way with this company.

If there is a way that I could come to an arrangement to pay £10 a month would this be acceptable ?.

Is there a card or pay in book I could be issued with enabling me to go to the post office and pay the arrears by this method ?.

I only have a Post Office account which does not allow direct debits and I would find it extremely difficult to travel to the nearest council tax offices due to my Disability.I also do not have a credit card or debit card.

As you can see by this email I am prepared to pay this bill but if this is not acceptable please let me know.

As I have said above I do not want any involvment with Scott & Co nor do I want any visits to my house, as I would refuse to speak to them and they will be asked to leave.Thus resulting in this bill still to be outstanding.Can you assure me that this Charge for Payment/Funds arrestment will not be attempted as IT is illegal and exempt from this happening.

I will keep a copy of this email as it will clearly show that I have contacted you in an atempt to offer a monthly payment which is all I can manage.

 

Regards

xxxxx xxxxxxxxxx

 

This clearly shows I have contacted them and offered them a monthly payment.To date I have not received a reply from the council, all they have emailed me back with is a confirmation stating that they received the email I sent and they are dealing with it, but if need be I will send Scott & Co roughly the same letter altered to suit.With what I have been reading on the various forums seemingly the next step that Scott & Co take is visiting home addresses to try and get you to set up a payment plan and pay them directly which I refuse to do.Do you think I should send them the (altered to suit) email as well ?.

I have also kept copies of anything I have sent/received.

 

FP

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I would also in form Sheriff Cowboys - then they will have no excuse to come to your house. Send the letter SIGNED FOR it costs 75p + postage.

 

did you send the email to the LEGAL DEPARTMENT .

 

Email is brill also ask for a response within 7 days - this way you are not

waiting for a reply also state that you will complain to your MP and council

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Hi foggie

 

as its less than 14 days since the charg of payment you can apply to the courts for a time to pay offer and as your on beneifts tis would allow you for the min to be paid

 

this link also applies to charges for payment

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/185249-council-tax-arressment-attachment.html

 

ida x

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They haven't actually done this yet,they are just trying to get me to contact them by telephone.I shall ammend the letter I sent to the council tax offices and send it to Scott & Co also stating to contact me in writing only.

 

First link not working 404

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I 've altered the letter sent to the council and sent it by email to Scott & Co.Lets see what happens next and who will contact me first.I also told Scott & Co to contact me in writing only or by email and if they needed confirmation of me being on benefits to contact the council (as they know allready) or myself.

Email is great you can contact nearly anybody you want all in the comfort of your own home.

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Well,Well

Scott & Co are the first to answer with the following..........

 

Dear Mr XXXXXXXXX

 

 

With reference to your e-mail dated 15th October 2009 we note the contents.

 

As xxxxxxxxxxxxx Council has passed the debt onto us for collection they would prefer if you make payments to us, we can set up your proposed offer of payment at £10.00 per month. In your e-mail you stated you wish to pay at the post office we would like to inform you that there will be an extra charge by them for paying this way. If you would like to give us a date that you will paying on every month we will set it up on our system to prevent further action taking place.

 

We look forward to hearing from you.

 

Regards

XXXXXXXXXX

 

I have not had a reply from the council as yet.I will wait and see what they say as I do not want to deal with these cowboys if I can avoid it.

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Right folks I have had a reply from Acc as below

 

Thank you for your enquiry, I can advise that the letter issued to you from

Scott & Co is simply informing you of the action that may be taken should

payment or contact not be received from you. This has been issued to you as you have not responded to any previous letters sent.

 

We advised you in writing on 16 June 2009 that a Summary Warrant had been granted and as you did not make any payment or contact us to discuss the matter as requested the debt was passed to our Sherriff Officer, Scott & Co.

 

I can advise that a charge for payment has not yet been served, once this

has been served it will authorise the Sherriff Officer to take further

diligence to collect the debt due, which may include a bank arrestment. I

must advise that this action may be taken as the source of income is not

disclosed by a bank.

 

I would be prepared to negotiate an agreement to repay the current year

arrears with you, however £10 per month would not clear the arrears in an

acceptable timescale, I would therefore ask that £30 per month is paid with the first payment to be received by 31st October 2009.

 

Payments can be made at a post office and I will arrange for a card to be

issued to you immediately.

 

The debt will remain with Scott & Co until I receive your acceptance and

first payment of this arrangement. Should you default in your payments the debt will be sent back to our Sherriff Officer immediately.

So an action of charge for payment MAY include a bank arrestment as source of income is not disclosed by the bank.

Despite me telling them that I am on benefits which they allready damn well know otherwise I would be charged the full ammount of CT.

Also as above...."I would therefore ask that £30 per month is paid"

 

Well I don't know about anyone else but the original debt was for £216.00 and when I went to school, 12 times £30 does NOT come to £216.00 it comes to £360.Even at £20 per month that is still over the original ammount coming in at £240.

Who does this person think they are ?.£10 per month is all I can afford.

Funnily enough Scott & Co were going to accept £10 a month.Should I just pay Scott & Co or contact this person and ask where they learned to count as there is no bloody way I am paying £30 per month.That is alot of money for someone who's sole income is benefits.

I am bloody outraged at this persons lack of understanding. :-x Seems to me all they want the debt paid as quick as possible.They are lucky I offered even £10 a month as if this went to court they would get damn less than £10 a month.

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Hi,

 

I'd pay Scott & Co, as the other numpties don't seem to understand simple maths :rolleyes:

 

I'm paying Scott & Co at the moment, I've always found them alright, I've had the wages arrestment ect, but as I had none, they've just had to except what I can afford.

 

Sometimes you just can't get through to folk, you can only pay what you can, simple as that, why it takes them so long to get the jist is beyond me.

 

Thats just my opinion, whether it's right or not's anybodys guess.

 

Good luck with whatever you decide.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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Yep your right, some folks have no clue,but of course they are all law abiding citizens who pay all their taxes and bills and are never in this situation (NOT).I hope one day they land up like us then they will see what its really like.

I could just decide to pay them nothing if I so wished, then where would it get them, court with me ordered to pay maybe a £5 a month if they were lucky.

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Foggiepete,

 

I would resend your letter to the council and ask them to explain

 

1. Why they are trying to take benefit money

2. Explain exactly why your agreement of £10 a month is not acceptable.

 

Now keep all e-mails print them off and this can be used as evidence later

for your complaint against them at a later date or if they try and take legal action.

 

I would really get your Member of Parliment involved to look into your case.

 

Forward all info to the council's legal department - they can also help you, if you deal with the TAX OFFICE DEPT they will not understand the legal position, so have some fun and contact the COUNCILS LEGAL DEPARTMENT and see what comes back- give them 7 days to reply.

 

 

I would also check that you are getting your full benefits due to you

Edited by RHOOD
ADDITION
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Yes I was a bit dumbfounded myself when they said £10 a month was not acceptable.As for the deductions from my benefit. I asked them to do this for a previous bill that way I know its being paid and thats one thing less to worry about.

My local MP is none other than Alex Salmond , getting him involved would really put the cat in amongst the pigeons.As for getting the right benefits, I had another thread on here last year about when the DWP stopped my disability/mobility/income support after 4 yrs of getting the benefits.I got that sorted eventually(took 6 months) but I got all of them back and was awarded them for the rest of my life.So I know I get the correct benefits.

They want the CT bill paid as quick as possible as come next April the next CT bill will be sent out leaving me further in debt and unable to pay it.CT is the worst thing that was ever invented and is the cause of many households to be in debt, I bleedy hate it and I despise paying it.

Robbing the poor to pay the rich.

I wasn't even going to bother contacting the council again as Scott & Co will accept the £10 a month.I refuse to pay £30 a month and refuse to accept their arrangement.So come Monday I will contact Scott & Co and just pay them the £10 a month at least they know that its better to get a small payment than to get nothing at all and it shows I am prepared to pay something.

I will have a look for their legal department and contact them and also contact the council as to why they won't accept £10 a month.Maybe they want to haggle to get more than £10, they have no chance.

I have kept every email I have sent or received regarding this,but right enough I should print them off as once before my PC crashed and I lost every important email I had saved.I will also transfer them to a sd card or flashdrive once I figure out how to do it.I have managed to save movies /music on a flash drive before so it can't be that difficult.

I do like the way they state that....... "source of income is NOT disclosed by a bank", seems this is their way to deny knowing I receive benefits.Well they can't get away with that because I have informed them I only get benefits (as though they didn't know in the first place) also I informed Scott & Co and definately kept those emails.

As Scott & Co said at the top of the reply......we note the contents, so they cannot deny knowing I only receive benefits.

 

Gone are the days when they could tell you anything they wanted and you just had to believe them, thanks to the internet and sites like these , no longer will they be able to pull the wool over our eyes, we are slowly getting to know our rights.

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I contacted Scott & Co who are sending me pay in slips at £10 per month as agreed, but the council have now sent me a payment card to pay them monthly. I did not agree to pay them or pay the £30 per month they said they wanted.So today I sent them yet another email asking them why £10 a month is not acceptable to them and why they even sent a payment card in the first place for something I have not agreed to..I have informed the council that due to the fact they wanted me to pay £30 a month, I have contacted Scott...& and they have accepted the £10 a month which I offered the council. So, stuff the council.

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