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Buchanan Clarke and Wells - Help Please!

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Hi everyone, just looking for a little advice on what to do. Last year my mum received a letter from BCW, stating she owed Fife Council over £100 in unpaid council tax - from the year 2000! This was the first she had heard about this, and in fact she owes them nothing because they forwarded her final months bill to her new address when she moved! I wrote to BCW and basically told them to bog off as this debt was not owing, and in any case it was statute barred. We heard nothing for months, then we got another letter, saying they were goiing to arrest her bank account. Again we wrote and told them where to go, and this week they wrote telling her it wasn't S.B because it was a governement debt and that they were organising doorstep collections.

 

On the same day as my mum received this letter, my husband also received one from BCW, stating that he owes Fife Council over £100 in unpaid Council Tax, and stating that legal proceedings were beginning. Now I know this one is completely made up because the tenancy they are referring to was soley in my name, I gave Fife Council my forwarding address as I was moving from one council to another, and nowhere did this come up when I re-applied to join Fifes housing list a few years ago! Also I'm fairly sure my hub and I were on benefits at the time (10 yrs ago BTW) so C.T wouuld have been paid for us. What can I do now to get rid of these people, and how on earth did they get my husband's details given that it was never a joint tenancy (although he was legitmatly living there).

 

Any help would be appreciated as i'm a bit stuck on what to do now

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Hi Susan

 

Better not dealing with Blunder Clueless & Waffle at all

 

Can you just not ring Fife Council to put this matter to bed as they should have records of this.(IN BOTH CASES ITS A MATTER OF PROVE IT!)

 

Also have you still got you mums final months bill saying she owed nothing, if so its game over for Blunder Clueless & Waffle, OFT next step read

 

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NEVER HEARD OF PUTTING IT LIKE THAT BEFORE (they were goiing to arrest her bank account!) sounds more like a police matter, lol

 

Thy cannot do Jack anyway without going to Court first and IMO they are just phishing as usual.

 

Not to sure about the SB bit regarding being a government debt, suspect that is a red herring to but sure someone else will be along to clarify that point either way.

 

Must be really desperate anyway to go chasing ALLEGED 100 quid debts from 10 years ago

:lol:

Edited by IdaInFife
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Will flag this up for Ida (site team)

 

Arrest of bank account is not an uncommon phrase (In Scotland) !


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Very true Tinks....I have been here more than 4 years and every day still learn something new !


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ah look what I found in Archive-and another case of CT arrears too !

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?105586-Bank-Account-Arrested


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Unfortunately C tax arreas does fall under the umbrella of crown debt. There must have been a major blunder for these to have resurfaced now. Strange that they all are similar amounts. BCW must PROVE the debt.

 

Do you have a copy of your tenancy agreement? If not, request one from the council :)


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HI everyone and thanks for all the replies so far. My mum does not still have the receipt or final bill but she did ring Fife Council direct after the first letter, and was told by them that she had to prove she'd paid it! Now I don't know anybody who keeps receipts for 10 years, so I have no idea how she is supposed to prove she paid it. Interestingly, the first letter said they would arrest her bank account but the following letter said a doorstep collection would be arranged, guess one hand has no idea what the other is dong lol. I will ring Fife Council on Monday with regards to my husband's alleged debt and see what they say about that. Will update as things progress, and thanks again.

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Hiya,

 

They can collect any unpaid council tax for up to 20 years and unfortunaltey the onus is on you (the CT payer) to preove any payments have been made.

 

You can cenrtainly request a breaddown from the council for persiods and address'.

 

If you cannot prove that this was paid then to stop any further enforcement action you would need to make arrangements with them.

 

The can request a bank/wages arrestment after 14 days from serving a charge for payment and this is very common.

 

if your husband was living at the previous address ligitmitaley then he would obvioulsy be on the council tax bill along with yourself so therefor they can request payment from both or one.

 

AS it stands they already have a summary judegement and it is very easly for them to delvier a charge for payment where enforcement actions will be taken.

 

My advice:

 

Make an arrangement to pay in WRITING and contact the council for breakdown


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Hi Susan

 

Better not dealing with Blunder Clueless & Waffle at all

 

BCW are Sherriff Officers in Scotland so DO NOT ignore them

 

Can you just not ring Fife Council to put this matter to bed as they should have records of this.(IN BOTH CASES ITS A MATTER OF PROVE IT!)

 

With council tax it is up tp the CT payer to preove payments were made

 

Also have you still got you mums final months bill saying she owed nothing, if so its game over for Blunder Clueless & Waffle, OFT next step read

 

OFT have no dealings with the Sheriff Officers it is SMASO

 

commercial link removed

 

NEVER HEARD OF PUTTING IT LIKE THAT BEFORE (they were goiing to arrest her bank account!) sounds more like a police matter, lol

 

Very common along with wages arrestment

 

Thy cannot do Jack anyway without going to Court first and IMO they are just phishing as usual.

 

It has already been passed through court to obtain a summary warrant - all they need is charge for payment from this and they can enforce it

 

Not to sure about the SB bit regarding being a government debt, suspect that is a red herring to but sure someone else will be along to clarify that point either way.

 

In Scotland they have 20 years to collect

 

Must be really desperate anyway to go chasing ALLEGED 100 quid debts from 10 years ago

:lol:

 

Just added for clarification :-)


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"AS it stands they already have a summary judegement and it is very easly for them to delvier a charge for payment where enforcement actions will be taken."

 

How can they already have any kind of legal enforcement without the concerned parties being informed??

 

When we left the property (and this also is true for my mother) we left forwarding addresses, and in my husbands case he hasn't moved since, so we're not exactly hard to track down and inform. And if the debt was owing then surely the council should have written when they discovered there was an outstanding amount 10 years ago. I know my council writes if I am late with my monthly payments, and if this had been the case at the time then we would have arranged to pay it in instalements, so how can they, out of the blue and with a 10 year gap, sudddenly decide that there is an outstanding amount?? I will be querying this with the council but any ideas??

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a summary warrant is held without any hearing - it is more an automatic system for collection fo council tax.

 

The local council have been told to tighten up in their collection policies and recover their CT 'quicker' due to the cutbacks etc so there is a rised with backdated claims.

 

you could send a sar to the council to try and get all the info for payments etc or ask them for a details breakdown for the periods etc


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