Yet another CT demand

[gerb49]

Just recieved a Council Tax demand from Scott & Co for £209 due to Highland Council - Charge Year "pre 2008" - I have not lived there since 2001. They demand payment by 17th March. I understand from reading here that I have no option but to pay this as I obviously cannot prove I dont owe it. However, do I contact Highland Council Financial Dept to find out what actual date they reffer to - and to Scott & co to tell them I have sent letter to council - do I need to 'recorded delivery' both letters. If I decide I cannot/will not pay this and they decide to try to arrest my bank, did I understand correctly that if I have less than £370 in bank at that time they cannot touch it - and any further monies added after that time are safe. My situation is that I live in a council house - am only recieving pension credits ---- And am currently a Bankruptee with AiB. Can you please supply me with a Subject Acess Request form.

[chris2472]

Don't be afraid to question this gerb49. If Highlands council are anything like Edinburgh City Council then they will be just as confused as to what they think you owe or even what planet they're on. I am in exactly the same position and asked ECC for a statement covering the period, 2001-2004 in my case. They have given me a statement that shows I made a payment in 2000 towards my 2002 bill and also shows charges of £75 on a year that had no defaults or summary warrant. They are also unable or unwilling to tell me what a miscellaneous charge is for. I would like to SAR both ECC and Scott and Co but am unsure of how to amend the SAR template that seems to be specific to CCA's. Is there a general SAR template?

[IdaInFife]

Hiya,

 

 

 

 

Bank arrestment - Yes they can only take any monies if the account is in

credit over £370 but please be aware that they can repeatedly retry the bank arrestment many times and some banks will charge you for each failed arrestment.

 

If you currently a bankruptee then you are home and dry -

 

The previous CT can be included in your current BK -

 

Write 3 letters

 

1 and 2 to the council and scott and co advising that you are currently in BK and the name and contact of your ip/aib contact and that as this debt is for prior to your BK start date then this should have been notified to your IP?/aib contact.

 

3 send a letter with a ciopy of the letter from scott and co to your ip/aib contact asking them to deal with it

 

This is why when you apply for BK it was out int he edinburgh gazette so anyonme that you were due monies to had to claim - if they didn't it's their fault as you were not aware of it

 

Ida x

[gerb49]

Thanks for the reply - really put my mind at ease -- Would the same apply to a recent claim for 'over payment' of Tax credits allegedly occurring over a year ago? -- also, when I'm discharged, if any other unknown 'debts' present themself, would I do the same thing?

[IdaInFife]

tax credits are different as their are ongoing i'm afraid.

 

Only debts that were debts prior to your BK date, anything fafteryour BK start date then no

 

Ida x

[gerb49]

Clarification of 'on going' please - I became unemployed on 19th april 2008 and not worked since - have been getting pension credit for 7 mths (60 yrs) not recieved working tax credits since then apart from the 3 wk 'run-on' that they gave me - at the beginning of tax yr 2009 they got in touch saying I was over-payed by £300 and demanded pament again in Nov 2009 - Bk began on 8th May 2009.

[IdaInFife]

it is dependant on when the final reward notice (of repament) was issued

 

77.50 Recovery of overpaid credits after a bankruptcy order is made

In certain circumstances a tax credit may be overpaid and thereafter a recovery may be sought by HMRC. That recovery may be achieved by deductions made from ongoing awards of tax credits or by direct collection where there is no ongoing award of tax credits or where the ongoing award has ceased.

Where tax credits have been overpaid and a bankruptcy order is subsequently made against the claimant, whether or not the overpayment is a provable debt in the bankruptcy depends on the circumstances of the case as follows:

 

Final award notice (of repayment) issued before the date of the bankruptcy order.

• If the recovery is made, or would have been made, by direct collection (in cases where there is no ongoing award of tax credits), HMRC will submit a proof of debt in the bankruptcy, considering the debt to be a provable one.
  

• If the recovery is made, or would propose to have been made, by deductions from ongoing awards of tax credits, HMRC will not submit a proof of debt in the bankruptcy but will continue to make the collections from the ongoing award of tax credits until the bankrupt’s discharge from bankruptcy. Thereafter the balance of the debt will be written off. This action, of continuing to recover the debt post bankruptcy, follows the decision in the case of R v Secretary of State for Social Security, Ex Parte Taylor and Chapman which provided that where a bankrupt was indebted to the Secretary of State for Social Security in respect of debts arising from earlier receipts of social security benefits, he/she was entitled to deduct sums from future benefits to be received thereafter in reduction of that indebtedness. Should any bankrupt object to the taking of the ongoing recovery action by HMRC in this way, they should be referred to that Department without further comment by the official receiver.
   
  In all cases where a final award notice (of repayment) has been issued by HMRC before the date of the bankruptcy order, the debt should be added to the list of creditors and HMRC treated by the official receiver as a creditor in the usual way.
  

[gerb49]

Well cool!!!!! and greatful thanks for all your help - Cheers.