summary warrant notice from walker love Sheriffs Officers ctax **RESOLVED**

[rabhip]

hi, this is my first post, hope im in the right place

 

i have a bit of an unusual problem i guess. i rent a room in my fathers house with my girlfriend, he works away, the house is left in my hands most of the time.

 

i should have dealt with this matter earlier, i realise that now, however i recieved a letter through the door the other day, threatening my dad with wage arrestment and attachment of articles. then another one today stating they are to recommend to thei clients to proceed with an action of bankruptcy.

 

i have raked about in the "mail drawer" and found a few letters relating to this debt, they are as follows:

 

16th april 2009, final reminder from council to pay the sum of £94.29

 

28th april 2009, letter from debt managers ltd to pay the sum of £1341.96

 

10th june 2009, letter from call serve to pay the sum of £1341.96

 

6th july 2009, summary warrant notice from walker love to pay the sum of £1353.97

 

29th july 2009, summary warrant arrears notice from walker love to pay the sum of £5232.25

 

then i never heard from them again until i was served a charge for payment of money by walker love, they had been at the door but my girl didnt answer it, stating we owed £1401.07 on the 22nd march 2010. i recieved an identical letter the next day by post.

 

then todat recieved a letter stating that we owe £5279.35 and they are recommending my father be filed for bankruptcy.

 

i cannot understand how they are calculating what we owe as it seems to be fluctuating by around 4 grand

 

could anyone please advise me what my actions should be frrom here? i really need to get this sorted out as if my dad is made bankrupt then im fairly certain he will loose the house and we will all be homeless.

[seanamarts]

The only one I know who can help you out on this is Idafine, she is not online at the moment, and im sorry to say I know nothing about sheriffs as they work differently to how bailiffs work,

any one know how to get hold of Ida??

[rabhip]

i called the court that have supposedly issued the summary warrant and was told they cannot tell me whether there is or isnt one. unless of course i pay them £20 for the privelege.

 

im just about to call the council recovery department, although i dont hold out much hope of help from them either

 

would it be a good idea to go to the citizens advice beurau?

 

called the council recoveries dept, they were of little help, saying i had to contact the debt recovery/bailiffs firm.

 

they told me i could NOT pay them direct, i HAVE TO go through the bailiffs firm.

 

does anyone with the knowledge of scottish law know if this is correct??

 

next stop is CAB i suppose

[thewakers7]

have u an online payment facility for ur council

[hallowitch]

hang on a minute and i will go looking for a few threads to link to here regarding sheriff officers and council tax

[rabhip]

wakers7: im not sure on that will check this evening

 

hallowitch: that would be great thanks.

 

thank you for your replies

[hallowitch]

OK i found small snippet

 

 

If you had unpaid council tax in Scotland you would be sent two final demands, then a summary judgement, then a charge for payment, then a bank treatment or wages arrestment.

 

Then if this still wasnt paid it would be transferred to the high court in England and served on your English Address.

 

You will need to double check the paperwork and call Aberdeen to clarify if a summary judgement was granted.

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/240257-council-tax-arrears-scotland-2.html

[rabhip]

we dont have an english property.

 

also, who should i call in aberdeen?

 

please excuse my lack of knowledge, never been involved with anything like this before.

[hallowitch]

sorry i copied and pasted that from a post by Idainfife forgot to remove the reference to Aberdeen

[rabhip]

aaaaaaaah

 

and, as far as i can see i have online payment facilities with my local council

[thewakers7]

very good get a payment off lol

[IdaInFife]

Hiya ,,,,

 

ok can you answer a few questions?

 

what council are you under?

 

what sheriff officers are they?

 

is the council tax demands/ charge for payment in your or your dad's name?

 

if in dad's is he home?

 

are you sure this isn't two ro three years worth lumped together?

 

what date is on the charge for payment?

 

what court is it from?

 

 

Ida x

[rabhip]

we're under east ayrshire council

 

walker love sheriff officers

 

still unsure at this point, as we have same name.

 

no, he is in london at this point

 

im thinking it is a few years fired together.

 

charge for payment is 5th june 2009

 

from kilmarnock sheriff court

[IdaInFife]

 

ok you recevied a new one yes ok we have a couple of days to get something sorted

 

does you dad own he home?

 

you may need to attend court so you will need to assertain if its in oyur name or your dads and he must attend if needed -

 

can you afford to make a payment schedule for the oustanding amount and be able to pay this years?

[rabhip]

home is owned by my dad yes.

 

how do i find out whos name its in? call walker love?

 

as for this years, im fairly certain we could as i will be getting housing/ct benefit. and im sure we could come to a reasonable agreement for payment of debt also

[IdaInFife]

you certainly can call to clairfy via DOB.

 

what you need to do:

 

1. you need to sit and make out a FULL income and expenditure sheet and you need to have 4 copies of this.

 

2 . you need to print of these: second one:

 

Download form | free legal help from Govan Law Centre, Glasgow, UK

 

very handy to have 3 ( 1 to send , 2 for mistakes and 3 to keep for later)

 

3. you need to send a letter and a copy of your i and e to walker love stating that you are unable to pay in full and that you are offering £XXX per month as per a time to pay direction and would be grate ful if they would accpet this and you would contact them as soon as your circumstances change

 

4 you need to complee the time to pay direction and include a full income and exp sheet ( where is has this in the form put a big star and write please see attached sheet for full I and e) you need to hand this to the court or send by special delivery . this MUST be in court no later than next Tuesday (should be Monday but closed) always best to get in as early as possible tho.

 

 

This will be either accepted or rejected by the court. Please do not put amounts that you cannot possibly keep to as if you miss one payment your goosed.

 

If accepted then good (always handy to put in the letter to love how you will make payment and if you can include a payment with the letter or online to them.)

 

If not then a hearing date will be called for a judge to decide if acceptable.

 

I think i have covered everything so far

[rabhip]

thank you for your help, il keep you posted.

 

im still unsure who has liability, as i had a tenancy agreement for the house several years ago. if it transpires that i have the liability, and the court order is in my dads name, what will happen?

[IdaInFife]

to be honest they don't normally make mistakes like that...it is dependant who was registred with the council tax office who was liable at that time and that is who is liable for the arrears,

 

you certainly can also ask the council/love for a breakdown of the years that is due

[rabhip]

i have now found my tenancy agreement, it is dated may 2004 and still running. there is a part in my agreement that i am liable for payment of c/t, would this not mean that the debt should be in my name?

 

and if so, would my dad still be filed for bankruptcy?

[IdaInFife]

it depends if your dad passed your details or you contacted and changed the council tax details at that time

 

you could always contact the council tax department to clarify dates and name etc

[rabhip]

basically then, if its in his name then the only outcome will be that my dad has to pay it?

 

or is there any way liability can be deferred to myself?

[IdaInFife]

it cannot be deffered

[rabhip]

ok, thats cleared that up.

 

many thanks to you all for all your help.

 

il let you know how i get on

 

question for ida, im thinking i should e-mail my dad the letters from the top sticky on the bailiffs forum, to fill in and send to walkerlove, would this be of benefit or would a phonecall be sufficient?

 

got the letter and i+e form sent off to sheriff officers.

 

got the letter, time to pay direction and i+e forms sent to the court.

 

both sent today, nextday recorded and signed for postage.

 

just gotta play the waiting game now i guess?

[IdaInFife]

sorry never seen your last question yesterday

 

bailiff letters are not go up here as different system

 

 

just wait for the court to let you know if accepted or a hearing been granted

 

ida x

[rabhip]

court returned a letter advising they cannot accept an instalment plan in regards to council tax arrears, stating that i should contact my local authority directly to see if i could set something up with them, took the letter along and they were much more helpful and we made an agreement with them, so, ALL SORTED!!!!

 

Just shows what a court letter can do eh?

 

thanks a million to all who helped me along with this.