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DCA Requesting Personal Info

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Hi Guys, hope you can help me with this. I have council tax arrears which I'm currently paying off by monthly payments with a DCA, no real problem there, but recently the council clawed back the benefits I was receiving and because I was unable to make payment they passed this on to the same DCA for collection. The DCA only have the basic information the council gave them like my name and address but don't have my phone number, email or employer details. I have received a letter today with a form requesting this information.

 

I have a couple of questions which I hope someone will be good enough to help me with:

 

1] Am I legally obliged to supply this information?

 

and ...

 

2] Should I write to them and simply ask them if it is possible to add this new debit to my existing account?

 

Paying it off isn't a worry but I can't afford to offer them anymore than I'm already paying.

 

Any help/advice would be greatly appreciated.

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Are you sure this is not with bailiffs

 

They will not be a DCA


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Have moved you into the Bailiffs section.

 

As above, if this is Council Tax arrears, it will be a Bailiff not a debt collector.

 

Has the council issued you with a liability order?

Who is the DCA/Baliff ?

 

You are not obliged to tell them anything.

Edited by Conniff

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Sorry my mistake, the Company is Alex M Adamson LLP, Messengers at arms & sheriff officers, I'm in Scotland.

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Few of us have knowledge of procedures in Scotland but I have a sneaking suspicion they are correct. Hopefully one of the folks from North of the Border will know for sure.


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This question needs to go to the "expert" who deals with enquries regarding debts in Scotland. I will send a PM to her.

 

The position in the UK is that once a Liability Order has been obtained it provides for the local authority authority to legally be able to levy distress against the debtor goods but most importantly as well....to request financial information regarding employment details etc. Therefore there is indeed a legal obligation to provide the required information in the UK. The position may be slightly different in Scotland.

 

Why the information about your employer is required is because, the local authority may also recover the debt by way of an Attachment of Earnings order. Providing details of your employer will make for a very simple application to be made.

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Information on Scottish procedure :- http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=03_recovery_of_council_tax

 

Thread moved to Scottish Forum

 

Regards

 

Andy


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Hi Guys, hope you can help me with this. I have council tax arrears which I'm currently paying off by monthly payments with a DCA, no real problem there, but recently the council clawed back the benefits I was receiving and because I was unable to make payment they passed this on to the same DCA for collection. The DCA only have the basic information the council gave them like my name and address but don't have my phone number, email or employer details. I have received a letter today with a form requesting this information.

 

I have a couple of questions which I hope someone will be good enough to help me with:

 

1] Am I legally obliged to supply this information?

 

and ...

 

2] Should I write to them and simply ask them if it is possible to add this new debit to my existing account?

 

Paying it off isn't a worry but I can't afford to offer them anymore than I'm already paying.

 

Any help/advice would be greatly appreciated.

 

I am a bit confused by this one as it is almost unknown for a Scottish Local Authority to pursue Council Tax debt through a debt collection agent. The normal procedure is to obtain Summary Warrant, serve a Charge for Payment and pursue by means of diligence (EG Wages or Bank account arrestment) to clarify the position could you please name the company. I am a bit scared to answer the questions at the moment as I have a feeling that you may be dealing with Sheriff Officers and not a DCA.

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My mistake I delayed the post as I got caught up with something else, the named company are in fact Sheriff Officers and not debt collectors , this is a different Ball game as they do have legal powers and will enforce them if need be. However it is possible to negotiate a voluntary repayment in some cases , nevetheless it is unwise to offer them less than they would get under a Wages Arrestment Schedule or they will simply go down this route. Alternatively they could arrest your bank account and remove anything above the ring fenced sum of £415.00. Please note that they cannot arrest an overdraft facility.

 

How much do you earn and how much are you currently paying, if you can provide this I will calculate what they would get through Wages Arrestment.

Edited by Crocdoc

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