Summary Warrant - Fife

[goodbadrum]

Not mine but I am helping a friend deal with this.

I'll post as if it is my problem though

 

THE BACKGROUND

 

Self-employed

Lived in Fife Mar 2008 - Mar 2010

Moved to Edinburgh

 

Provided fife council with accounts and WTC award letters each year

Turns out they did not action on an increase in WTC

Fife council say did not receive declaration

 

Result - overpayment of council tax and housing benefit.

Appeal process undertaken appeal denied

Have to accept overpayment has to be met.

 

Made offer of repayment schedule to housing benefit (accepted)

 

Made offer of repayment schedule to council tax (no reply)

 

Received summary warrant for council tax years 2008/2009 and 2009/2010 at weekend.

 

Questions

 

As this relates to an overpayment of council tax benefit has Fife council followed correct procedure?

 

Can't afford the £600 (inc penalties) in one sum what do we do next?

 

Does this eventually go to court?

[IdaInFife]

The council will send 2 reminders and then it goes to summary warrant automatically and a 10% surchage is automatically added to cover sheriff officers fees.

 

If no payment is made or agreed with the SO's then they will apply to the court for an attachement of earnings.

 

The CT bill can only be disputed via the council and the court will make no record of any council tax dispute only whether to grant an AOE or not but will in most cases unless and acceptable payment proposal has been agreed.

[goodbadrum]

Thanks for the info Ida.

 

There were no reminders sent, only correspondence relating to the overpayment of council tax benefit.

The previous correspondence from Fife council invited a repayment proposal.

 

A repayment proposal was sent but not replied to.

To me this is yet another case of computer generated lists going to court because someone didn't do their job and deal with the case properly.

 

I guess the council would deny receiving the proposal (just like they denied receiving the updated WTC award) and say proper procedure was followed.

 

It seems very unfair that we should be subjected to a 10% surcharge, when trying to resolve the overpayment.

 

I'll draft a letter expressing dissapointment in their handling of this case and the ignoring of previous correspondence to the council tonight.

 

Can anything else be done?

[IdaInFife]

a little sar might not go a miss if they have a spare tenner

[goodbadrum]

Reply to letter received today.

 

Fife council admitted receipt of the repayment offer letter (ended up in wrong dept and was not redirected in good time).

They have accepted the repayment proposal and removed the 10% summary warrant charge.

 

However, they have not sent payment details but insist payment commence 01/07/2010 or warrant/charges will be restored.

 

Want to pay, can't pay as no instructions received

And

as I'm sure you know, you can't pay Fife council by cheque anymore.

 

All we can do is send another letter requesting payment details, by the time they reply another summary warrant will have been issued.

 

It almost makes me wish that fife council issued court proceedings so we could expose their incompetence.

[WHYBAML]

Sadly the courts like incompetence, keeps their pockets lined with gold

[IdaInFife]

quick way - you can pay online - i prefer that

 

give them a quick call and ask for the reference number - it may also be on the letter as your account no and normaly 9 digits and you can pay online via their website