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Scott & Co - Council Tax apparently owing from 2001


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Hi, I wonder if somebody could advise me on what to do.

 

I have lived in England for the last 7 years, before which I lived in Scotland. A few years ago I received a demand, to my parents' address, for about £860 in outstanding Council Tax from Aberdeenshire Council, for an address I left in 2001. As far as I was aware at the time I left the property, all owing Council Tax was paid, so I was surprised to receive this.

 

I then heard nothing until yesterday, when I got home to find a letter from Scott & Co, claiming that they have been instructed to execute a "Charge for Payment and Funds Arrestment", basically implying that funds will be seized from my bank account, and that I need to phone them to prevent this action against me.

 

I'm not unable to pay, but I'm reluctant to do so seeing as, as far as I'm aware, I do not owe it.

 

From reading a few posts on here, I understand that what happens next depends on whether or not they have obtained a Liability Order against me. If they have, then I guess I'll have to phone them and make an offer to pay, but if not the "debt" will be statute barred as it is well over 6 years old.

 

Am I right in this assumption? How do I go about finding out if they have obtained a Liability Order or not - do I need to send a Subject Access Request? And if so, is there anything to stop them taking any action in the meantime, whilst I am waiting for their response?

 

Any advice would be gratefully received!!

 

Thanks!

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Hi,

 

Scott & Co are not debt collectors, they are Sheriff's Officers, and do carry out their threats.

 

Scott & Co will have been to court, they usually have up to 20 years to start 'enforcing' the decree and you cannot use the Prescription and Limitation Act (Scotland) to dispute you owe the debt.

 

A Charge For Payment is a formal demand for payment following a decree.

A decree is a formal order of a court which says the debtor must pay money to a creditor.

 

A Sheriff Officer usually serves the Charge For Payment and you have to pay the debt within 14 days of it being served.

 

You should get in touch with Aberdeenshire Council, regarding payments made ect, see what the score is with any monies due.

 

I would also get in touch with Scott & Co, let them know you do not believe you are due them anything, get them to prove you do.

 

Regards.

 

Scott.

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Just to clarify, a decree is not granted in these cases but summary warrant which equestes to the same court process'.

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Dispute the debt directly with S&C and make them do the leg work. In the meantime, make sure you don't have any more than £415 in your bank account, or they could seize it via arrestment.

 

As previously said, S&C are not a lowly debt collection agency. They are Sheriff Officers and Messengers at Arms and they WILL follow up on their threats.

 

If you don't contact them, generally within 14 days, they WILL instruct a Sheriff Officer or Messenger at Arms to personally visit you at your home and/or place of work. They will deposit a form known as a charge for repayment of money with you or leave it for you at your home. If you are not at home, they have the requirement to verify your residency by interviewing your neighbours to confirm you live there.

 

It's a pretty serious matter.

A debt collector for my sins; I hope any advice I can offer of the industry can help. It might help me sleep at night.

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Joe, Charge has already been served.

 

They cannot visit you at your home without a prior arrangement and most unlikley and they cannot visit you at your place of work.

 

They also cannot interview your neighbours.

 

What DCA do you work for?

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Sorry I misread. I thought it was pre charge for payment.

 

They can, however, personally deposit an arrestment at a place of employment.

 

Apologies for the mix up

A debt collector for my sins; I hope any advice I can offer of the industry can help. It might help me sleep at night.

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I've re-read and I can't see where it says he's already been served with a charge.

 

when I got home to find a letter from Scott & Co, claiming that they have been instructed to execute a "Charge for Payment and Funds Arrestment",

A debt collector for my sins; I hope any advice I can offer of the industry can help. It might help me sleep at night.

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Joe, Charge has already been served.

 

They cannot visit you at your home without a prior arrangement and most unlikley and they cannot visit you at your place of work.

 

They also cannot interview your neighbours.

 

What DCA do you work for?

 

A charge for payment is served at the debtor's place of residence. So I don't understand why you are advising that a prior arrangement is necessary. It's formal diligence and doesn't require prior notice.

 

SOs and MAAs are required to confirm residency before depositing a charge for payment. The preferred method of service is obviously personally, but depositing when no one is available is common. Confirmation is sought through neighbours to the dwelling in question. It's in the rules of court.

 

Sorry but I had to clear that up.

 

I won't be stating publicly where I'm employed, for obvious reasons.

A debt collector for my sins; I hope any advice I can offer of the industry can help. It might help me sleep at night.

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When you contact the Council you must ask for what period of time this debt covers. Councils have been known on more than 1 occasion to charge for a full year when you have left part way through and misplaced any notification about you having moved.

 

PT

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