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Linda12

Council Tax Debt

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I get letters from a debt collection agency in relation to council tax arrears... Im paying £100 a month - (more than i can afford at the moment but its a priority to pay it off) Im owe £923.89

 

Each letter i get whether statement or reminder states

 

If you do not pay you will have further action taken against you

Including arrestement of your bank or earnings and auction of articles

You are also likely to be sequestrated (declared bankrupt)

 

Now these people are obviously causing alot of alarm and distress by trying to pressure people into paying more money than they can actually afford to pay by claiming that they will make you bankrupt as it is my understanding that a creditor can ask a sheriff to award bankruptcy against a debtor if you are owed at least £3,000 but Im not owe £3000 and they continue to make these threats.

 

I found the legislation below, How can I stop them from sending me letters threatening bankrupsy?

 

 

Section 40 of the Administration of Justice Act

 

“S40 Punishment for unlawful harassment of debtors.

 

1. A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-

* harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

* falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

* falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

* utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

2. A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

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Hiya Linda,

 

it is normally sheriff officers that collect council tax debts so who is it contacting you?

 

Have you received a charge for payment?

 

If you are struggling to pay this then you can reduce this amount. If you look on this table it will tell you how much a wages arrestment would be for your so anything above that is a bonus to them

 

http://www.legislation.gov.uk/ssi/2009/395/schedule/made

 

Ida x


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thanks for the information. yeah i received a charge for payment (despite being told account was on hold for 30 days.) i wrote a complaint to council stating above legislation and advising that i would report them to Scottish public services ombudsman if they did not investigate their chosen debt agency

 

I have since received a letter of apology and charge for payment fees refunded

 

im now a full time student does the link apply to student bursary payments or only wages?

i get £561 a month in student grant/loans... they want me to pay £100 a month

 

thanks for help and advice

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That I am not sure off but will find out.

 

You don't receive tax credits or anything?


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Got an answer from crocdoc, i asked if a bursary is classed the same as wages:

 

The answer is no as a wages arrestment is precisely what it is stated as being and the employer would not have access to this funding. The only risk would be that if a bursary and wages became combined in a bank account and the Sheriff Officers decided to arrest the account then technically the bursary could be lost as only the first £415.00 would be protected.


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