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Summary Warrant Council Tax Help


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I am in Scotland and have just been issued with a summary warrant from Scott and Co re a flat that I normally rent but has been empty for a couple of months. The Warrant is regarding Council Tax. I had sent in an application for exemption and hadnt heard anything so assumed everything was OK but it appears not.

 

I can afford to pay it but am really concerned about how traceable this is and how it will affect my credit file as I am a Financial Advisor and approved by the FSA. Yeah, I know...I should know better!

 

I will pay it on Monday and hopefully get the money back but any advice/guidance anyone can provide would be much appreciated as I will now not be able to speak to anyone from the company until Monday.

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Hello and Welcome,

 

This information shouldn't appear on your credit file. With a Summary Warrant for Council Tax the Local Authority takes a large bound file to the Sheriff Clerk with details of all the Council Tax accounts that the Council wants to pursue. The Sheriff signs a covering letter which allows the 10% surcharge and lets the Council do "dilligence" on the debt. There is no individual record held by the court.

 

Regards.

 

Scott.

  • Haha 1
 
 

Any advice I give is honest and in good faith.:)

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  • 3 weeks later...
Hello and Welcome,

 

This information shouldn't appear on your credit file. With a Summary Warrant for Council Tax the Local Authority takes a large bound file to the Sheriff Clerk with details of all the Council Tax accounts that the Council wants to pursue. The Sheriff signs a covering letter which allows the 10% surcharge and lets the Council do "dilligence" on the debt. There is no individual record held by the court.

 

Regards.

 

Scott.

Sorry, but "shouldn't" is the important bit here. My partner has at least 1 (possibly 2) judgments from council tax that are showing on his credit file. I would strongly suggest getting a copy and checking yourself.

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Sorry, but "shouldn't" is the important bit here. My partner has at least 1 (possibly 2) judgments from council tax that are showing on his credit file. I would strongly suggest getting a copy and checking yourself.

 

 

Your partner will have a Decree showing on their credit file not a Summary Warrant.

 

With a Decree for Payment , the creditor must apply to the local sheriff court for a decree. Notification of the application must also be sent to the debtor, which may in itself encourage them to repay the debt. The court may decide to extend the deadline for debt repayment. However if the decree is granted and the deadline lapses with repayment, the debtor may receive a 'charge for payment' from the creditor, which must be settled within 14 days.

 

Creditors using the summary warrant process must serve a charge for payment prior to executing all diligences. ( If a public creditor chooses to pursue debt by decree as opposed to summary warrant they do not require a charge for payment prior to enforcement by arrestment).

 

The summary warrant differs from the warrant in a decree in respect of the process by which the warrant is obtained and the diligence which is authorised by the warrant. Broadly speaking, the processes for obtaining a summary warrant and enforcing it are simpler than those for obtaining and enforcing a decree.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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