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Help - council tax arrears for property not lived in for over 6 years


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Hello and hopefully someone can help?

 

I've been in dispute with Glasgow City Council and their instructed debt recovery company in regards to unpaid council tax for a property I lived in for only 6 months over 6 years ago. I lived in the property from Sept 04 - Feb 05 and since moving out, have been living in another rented property for which I have a lease and receipts for all council tax payments made there.

 

I was served today with a Sheriff Officers warrant with notification that my wages will be arrested in 14 days unless payment is made - I'm being chased for over £6,000!

 

I have supplied copies of my current lease and council tax payments as well as forwarding address history (with dates) for the people with whom I shared the flat in question during the 6 months in 04/05 however I'm being told that unless I can provide a copy of the signed 6 month lease from 6 years ago, I am liable (I'm also being passed from pillar to post with GCC claiming not to have received anything from me despite talking to the same person at GCC several times).

 

I'm at my wits end with this and have emailed my local MSP for help. Can anyone give me any advice?

 

Thanks,

Jen :(

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Have GCC told you why they think you had a liability after Feb 05? Did the other tenants stay on in the property after you left? If they did and your name was on the tenancy agreement they may be using that as a basis for pursuing you. Any chance that your former landlord could provide the evidence that GCC are after? Contacting your MSP was a good idea. With elections coming up next year they will be going out of their way to help constituents. The MSP's intervention and the fact that you can show that you have a Council Tax liability for another address for the period should do the trick. Best of luck!

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I was served today with a Sheriff Officers warrant with notification that my wages will be arrested in 14 days unless payment is made - I'm being chased for over £6,000!

 

 

Jen :(

 

Not 100% (or even 50%) up on N-o-t-B law, but - can't a Sherrifs Warrant only be set up by a court case? What happened at the court case?

In knowledge lies wisdom

 

Mo - not even a bar-stool lawyer, but I'll help where I can...

 

 

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Council Tax is governed by Summary Warrant legislation. There isn't a court case as the Sheriff is presented with a list (often with thousands of names) of all Council Tax accounts which the Local Authority wishes to pursue having defaulted on payment. The Sheriff signs the front of the list and this gives the local authority the right to do "diligence" against the debtor e.g. wage arrestments, bank arrestments and attachments. The Council will hold on to the warrant for a few weeks to see if the customer pays. If no payment is received the Council will use a Debt Collection Agency usually with a Sheriff Officers arm to negotiate with the customer, and failing that will enforce the diligence.

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Council Tax is governed by Summary Warrant legislation. There isn't a court case as the Sheriff is presented with a list (often with thousands of names) of all Council Tax accounts which the Local Authority wishes to pursue having defaulted on payment. The Sheriff signs the front of the list and this gives the local authority the right to do "diligence" against the debtor e.g. wage arrestments, bank arrestments and attachments. The Council will hold on to the warrant for a few weeks to see if the customer pays. If no payment is received the Council will use a Debt Collection Agency usually with a Sheriff Officers arm to negotiate with the customer, and failing that will enforce the diligence.

 

Thanks for the explanation.

In knowledge lies wisdom

 

Mo - not even a bar-stool lawyer, but I'll help where I can...

 

 

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