Warrant from Sheriff Officers! Wasn't even invited to court!

[ErikaPNP]

I'm in shock.

 

I've got 4 letters from the Sheriff Officers today for council tax dating back years ago, saying that warrants have been granted against me and a former partner (letters addressed to both of us, we split 6 years ago) in the sheriff court.

 

They are all for one address. For three of the years claimed we were not even living there, plus the council tax was included in what we paid our landlord (as far as I am aware - I wasn't party to the tenancy agreement) - we NEVER got a council tax bill the entire time we lived there an never since for that property. They have got hold of my current address so clearly know where I live yet have never chased me for this or sent a letter telling me they were taking it to court - if they had I would have fought it!

 

It's thousands and I have to pay it in 7 days apparently!

 

What the hell can I do about this? I am beyond fuming!

[unclebulgaria67]

Contact the council tax office to query this and ask about the appeals process. I just looked online and in Scotland councils appear to have an appeals process to look into what has happened.

[ErikaPNP]

The council won't deal with it when it's gone to Sheriff officers (our form of bailiffs). It's a summary warrant granted by the court so it's at enforcement stage.I don't know what to do, can I apply for a set aside in Scotland? I'm furious that I've never been contacted about this before despite it being clear they know perfectly well where I live.

 

There are 4 years they are after, I was only at that property for one year out of the four.

 

I can't prove my address before I moved in for the year/year and a half they are claiming I was there, because I lived at a bedsit which has now been converted into a nightclub and god knows where the old owner is - I don't keep in touch with landlords from 10 years ago or keep paperwork dating back that far. I can prove the address after, for the final year they are claiming because I moved to the property that I still reside at now.

[unclebulgaria67]

There must be a way in Scotland to appeal.

 

http://www.adviceguide.org.uk/scotland/tax_s/tax_council_tax_s/council_tax_scotland.htm#appeals

 

In England/Wales, you can appeal to the magistrate within 14 days of a liability order being granted and there after in the high court. In Scotland, I believe that there is an appeals process, even if Sheriffs are now involved.

[unclebulgaria67]

Suggest that you PM idainfife ( site team) who has knowledge of this. If the council will not look into and too late to appeal, you may have to get all the info together and seek a judicial review (cost ?). From previous posts, it appears that if you cannot prove that you should not have been liable for CT, then you have to come to an arrangement to make affordable repayments.

[ErikaPNP]

Thanks - I'm really panicing about this, it's come at the worst time possible but I suppose that these things always do!

 

I'll pm Ida.

[Feebee_71]

Erica,

 

Can you provide anything else that would show where you were living during the time before you moved into the address? Perhaps records with your bank showing you had statements delivered elsewhere, then changed it to the relevent address once you moved there then changed again once you moved to your current address? I know it might mean sending a SAR to your bank for that but, if it can knock off years that you definitely weren't even resident there, surely it's worth trying?

 

Feebee_71

[ErikaPNP]

I rang the bank this morning as that was my first thought too, but they say they only hold current addresses on system. I'll ring my old GP Practice on Monday because for some of the periods in question I had babies so they should have health visitor records showing me resident at other addresses - hopefully! I thought about energy suppliers but these accounts were in the name of my ex partner - who I have no contact with.

 

My employer throughout the period went into administration last year so I can't get the records from them either as they no longer exist - oh but HMRC might have records for end of year taxes, would they? I wonder if they would have held my address or not.

 

Oh, oh!! Tax Credits and child benefit!! I claimed them for the latter years as I gave birth to my eldest child during one of the periods. They'll have my addresses - in fact I did a SAR off tax credit not so long ago so I shall look out the paperwork and see if they have addresses on them.

 

But not for the first year and a half that I wasn't living there I have no records at all - that's a sticking point unless HMRC do keep addresses for end of year P60's - I don't know if they would hold my address or just the employers but I'll ring them monday and ask.

[Feebee_71]

The reason I was thinking of sending the bank a SAR was that they might only show the current address on their screens but surely, if you moved address while banking with them, you would have informed them in writing and they would have had to mark it on their systems?? Only a thought in case you have no luck with the GP's or the Tax bods.

 

Good luck with the enquiries after the weekend,

 

Feebee_71

[postmn]

old wages slips from the time or im not sure since i cant find mine atm a p60 does that show your current address

[IdaInFife]

Hi Erika,

 

To dispute any amount you do have to do it via the council and they will notify the SO's if there is any change of amount.

 

Again sometimes a SAR is handy here ans they can through things up that the council has overlooked.

 

Try and get as much evidence of your address change, bank statements, tax credits, even house/car insurances anything and everything.

 

It does sound as thought the landlord has not paid the council tax for the periods in question so anyway you can think of to try and get a copy of the tenancy agreement? Did you go through a letting agency any chance?

 

What have you exactly received from the SO's? Have you received a summary warrant or a charge for payment and what so's are we dealing with ?

[ErikaPNP]

Hi Ida.

 

What I've got is 4 letters from Scott and Co all dated the same date for council tax for a four year period. They are addressed to my ex partner and me (in that order). They all say the same - that a Summary Warrant has been granted against us in the Sheriff Court and we have 7 days to pay.

 

I wouldn't be able to get a copy of the tenancy agreement because I wasn't party to it. My ex partner was the person who sorted out that flat with the landlord and he signed the agreement, I don't know if it was through a letting agent or direct, I was so young and naieve back then, 10 years ago. It was all between the two of them and I have no contact details for the landlord, the only thing I know about the landlord is his first name and the fact that he was a nasty piece of work and I was so glad to be out of his place when we left.

 

I've had a look at my tax credit info and I can prove my address was different for 6 months out of the last year with that and with the little one's birth certificate which shows our address. Those are the earliest records I have.

 

Found P60's but they all have the employers address on them, not home address. I'll contact HMRC on Monday to see if they would hold my address for the earlier dates.

 

Can I not get the summary warrant set aside on the grounds that this is the first I've heard of it and have been given no opportunity to contend their assertion of liability? Is there not some process that they have to follow - i.e send a council tax bill, send a reminder, advise it's going to court, provide the court date? Because they haven't done any of that. I've been at this address for almost 9 years now and they clearly know that I live here, given that I pay council tax and this is where they sent the letters to telling me that the warrant has been granted. I pay my current council tax via DD so am worried that they might arrest my account.

[IdaInFife]

Hi Erkia,

 

Council tax and summary warrants are completely different from small claims etc.

 

The council have to issue the original bill at the time then 2 reminders (bearing in mind this would have been 10 years ago ) any point after this they can then send the account to the court where it is an automatic process and there is no warning or hearing or way appeal to this via the court. It is then the SO's that collect them. The only path of dispute is via the issuing council.

 

When you moved from the property they are chasing for - did you move to the property you are in? were you registered for council tax purposes at the 'new' property?

[ErikaPNP]

I moved from there to another property for two months, then I moved here. I've been registered here for council tax for 8 years. I've paid that and paid arrears on a former property, hell I've even had a refund for over paying bloody council tax, and never had a bill or reminder for the address they are pursuing.

 

We never got a bill or reminders for council tax at the previous address, but the landlord said he kept the council tax in his name but that he had included it in our rent so we weren't worried when we didn't get a bill. We got (or rather ex did as it was his tenancy) utility bills and other mail but never a council tax bill. I'd have had my ex raise it with the landlord if we did because that was why we paid over value for the property because the CT was supposed to be included in what we paid in rent.

 

That's what I'm so annoyed about, the fact that this is the first time I'm hearing about this and for some of the years I didn't even live there. It's nuts that the council can just hand over your name to a sheriff and they will grant a warrant!

[ErikaPNP]

Got someone who is going to look into this for me. Will post up any results.

[honeybee13]

I hope you get this sorted, Erika, what a worry for you.

 

HB x

[ErikaPNP]

Sorted!

 

Council have been able to verify that I was not at the property on the dates I said I wasn't, from information held on another IT system. I only have to pay half the CT for the year I actually lived there. Phew!

[honeybee13]

I'm very relieved to hear that, Erika. And sorted in record time.

 

Are you going to amend your thread title?