Charge for payment (Council Tax)

[craigers]

We have received a charge for payment, delivered by Sheriff Officers. I emailed the Sheriff Officers with a payment proposal. They eventually replied stating

 

Whilst no payments are refused, we are unable to set a payment plan on your account at the rate of £xx.xx per month due to the fact we hold no information on your current financial circumstances.

 

..

..

 

Are you both currently working, and if so who are your current employers?

 

What is your net pay and how often are you paid?

 

Are you in receipt of any benefits?

 

Who do you currently hold a bank account with?

 

Do you own or rent your property, and how much do you pay?

 

Please note that failure to arrange suitable repayments may result in further Legal action being taken for recovery, the costs of any such action will be due by you.

 

 

First question: Do I have to provide the requested information?

 

Looking at the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992, I don't think I do. To me it suggests that I have a duty toprovide the information to the Local Authority.

 

Duty of debtor to supply information

 

31.—(1) Where, under Schedule 8 to the Act, a summary warrant or a decree in an action for payment has been granted, the debtor against whom it was granted shall, during such time as the amount in respect of which the warrant or decree was granted remains wholly or partly unpaid, be under a duty to supply, in accordance with paragraph (5), relevant information to the levying authority on whose application the warrant or decree was granted.

 

(2) Relevant information is such information as fulfils the following conditions:—

 

(a)it is in the debtor’s possession or control;

(b)the levying authority request him by notice to supply it; and

©it falls within paragraph (3).

(3) Information falls within this paragraph if it is specified in the notice mentioned in sub-paragraph (b) of paragraph (2) and is information as to—

 

(a)the name of any employer of the debtor;

(b)the address of the employer’s premises at or from which the debtor works;

©where there are in Scotland no such premises, the address of any one place of business of the employer within Scotland;

(d)the national insurance number of the debtor;

(e)the name of any bank having a place of business in Great Britain with which the debtor maintains an account (either in his own name or in the names of himself and another person or persons);

(f)the address of the office at which any such account is maintained and, if that office is outside Scotland, the address of the principal office in Scotland, or (if none) in Great Britain, of the bank in question;

(g)the number of any such account:

(h)the name and address of any other person or persons who are jointly and severally liable with the debtor to make payment of the whole or any part of the amount in respect of which the warrant or decree was granted.

(4) In paragraph (3), “bank” means any institution authorised under the Banking Act 1987(1), the National Savings Bank or a building society incorporated (or deemed to be incorporated) under the Building Societies Act 1986(2).

 

(5) Information must be supplied in writing within 14 days of the day on which the request is made by the levying authority.

 

 

Second question: Who are Sheriff Officers to decide if a payment level is acceptable based on my financial circumstances?

 

Third question: At a push I could make double the payment originally offered. Should I apply for a time to pay order now, or wait to see if the Sheriff Officers accept my revised offer?

Edited January 7, 2012 by craigers

[IdaInFife]

Yes afraid so but i would alos completed the time to pay order and return it to the court as the SO'd will still proceed with the charge for payment allowing a bank arrestment etc

http://www.consumeractiongroup.co.uk/forum/showthread.php?185249-Have-you-received-a-charge-for-payment-arrestment-summary-warrant

[craigers]

But where in statute law does it say I have to provide details?

[National Debtline]

Hello there. If you make an application for time to pay it wouldn't be a Sheriff Officer that determines the rate of payment, it would be the court:

 

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=06_time_to_pay_directions_and_orders

 

Applying for time to pay can prevent dilliegence action being brought against you.

 

As an alternative, and if you have other debts, you could also consider a Debt Arrangement Scheme:

 

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=22_debt_arrangement_scheme

 

If you would like further information the Scotland section of our website can be found here:

 

http://www.nationaldebtline.co.uk/scotland/index.php

 

Best wishes,

 

National Debtline

[craigers]

Thanks NDL. Do my partner and I need to fill in seperate DSA2 forms?

[craigers]

I contacted the Sheriff Officers with a new offer, twice the previous offer. I also asked what authority they have to decide on a suitable repayment level and to ask for income/employment/etc details. They replied with an admission they have no authority to decide what is a suitable repayment level. They then go on to say that they do not have to accept any payment arrangement offered.. the info requested is to help them in their final decision to whether they accept an arrangement. quite how my employer/bank details/national insurance number helps that i do not know.

[IdaInFife]

Sorry i did not make my post clear - when a charge for payment has been passed by a court and if no arrangement is made then you would need to provide the details as then it becomes a part of the court process.

 

Most of them will not accept a payment arrangement if they think they can get more out of you. Any i did over the phone they never agreed with but when i stopped calling and made it written they accepted it every time. Also they prefer wages arrestments as this is a guaranteed payment so i would not offer them any more than it would be through a wages arrestment - saying that they has been a few caggers who have opted to go for a wages arrestment just so then it was paid etc.

 

Have you got the time to pay order back to the court yet?

[IdaInFife]

http://www.legislation.gov.uk/ssi/2009/395/pdfs/ssi_20090395_en.pdf

[craigers]

I gave the Sheriff Officers a quick breakdown of our income and expenditure, but that seemed to go over the girl's head. I notice that the dsa2 only asks for financial details, not employer details etc. A case of the Sheriff Officers overstepping the mark?

 

Haven't submitted the dsa2 yet. Do my partner and I have to complete a dsa2 each? How does it work with regards to council tax due over several years? Do I put it all on one dsa2, or have to do it individually for each financial year?

[IdaInFife]

Hi It depends on what the charge for payment is statingt - they normally lump all your council tax accounts together to give you the total figure, if the cahrge for payment is in joint names then you just complete one DSA 2 with joint details - what i would also advised is not to use the income and expenditure on this as it not detailed enough - i would advise to print your own - there is help with this in the templates on CAG - and on the dsa2 score over and write please see attached details i and e

 

Ida x