Scottish CTAX debt Scott Co have arrestment to earnings, want to increase it? can they?

[roswell1211]

Hi all,

 

I've used this site many times for bits and pieces of advice

- but I cannot find anything on my own situation.

Any help anyone can offer would be gratefully received

 

I have council tax debt which Scott and Co administer on behalf of Glasgow City Council.

 

I have an earnings arrestment with them, which, in a strange way suits me best

- because then the money comes off my wages and I don't need to worry any more about it.

This has been going on for 6 months or so and I pay around £140 each month this way.

 

Yesterday, however, I received a letter from Scott and Co which says :

 

Glasgow City Council v Roswell1211

Address

Reference : *******

Current Balance : £3,274.56

 

We refer to the above and to your existing Earnings Arrestment and write to advise that due to the current balance outstanding, we require you to make further additional payments towards these arrears.

 

Please telephone ********** no later than close of business 14th November 2013.

 

We can confirm that a 7 day hold has been placed on your account in order for you to contact the writer.

 

We urge you not to ignore this matter.

 

-------------------------

 

Now, before I contact them I want to try to have as much info as possible.

 

Firstly, my understanding of the Earnings Arrestment process was that they take a %age of your wage as decreed by law.

The %age is chosen as 'an affordable amount'.

Is that the case?

 

If so - is this just bullying tactics to see if they can get more out of me (they physically can't)?

 

Alternatively, due to the size of the debt (>3000)

I think they could petition for sequestration

- but would this benefit them in any way

- I don't own my house and don't own any valuable property

(this old PC is probably the most valuable single thing and wouldn't fetch much:-)).

 

I understand the sequestration process lasts a year

and then contributions from wages can be taken for three further years

- but at my current rate,

I'd have paid off the amount in that time frame anyway

- so I'm unsure what they would gain from the process.

 

As I say, before I contact them,

I'd just like to have some facts

- but if anyone has received letters like this in the past they might be able to tell me what happened?

 

Thanks for you time.

[dx100uk]

how come its +£3k?

 

it this more than 1 year?

 

I don't think they can without going back to the sherrifs office?

 

i'll get someone to pop in.

 

tell us all you know about the debt please

the lot

inc the court stuff.

 

dx

[roswell1211]

Yeah - it's over a period of several years amalgamated.

 

Regarding the debt - I don't have much to tell.

 

it was council tax arrears where some has been paid whenever I've been able to.

 

6mnths ago they decided to go for an earnings arrestment

- which actually suits me better anyway.

 

I never went ot court over it but they sent through the paperwork showing the decision had been made

and the amount the could take from my earnings

(a table which shows varying amounts depending on income).

 

They've been taking this amount quite happily for the 6mth period and then

- without any other contact

- they've sent the letter above.

 

The debt covers approx 5 years with some already paid off.

 

Part of me thinks that the letter is just them testing the water to see if I have funds

I haven't told them about which I would pay off the debt quicker with.

Unfortunately, I don't.

[sequenci]

Hello there.

 

Have you any other debts? I've a couple of ideas to help you out. If you can answer that question it would be a huge help!

 

Best wishes,

 

Seq.

[roswell1211]

Yeah - loads.

I have a debt management plan for my other debts with StepChange - I pay an amount each month - the total on those is about £3000

[sequenci]

Ok. You should ask Stepchange to change the Debt Management Plan in to a Debt Arrangement Scheme - which is Scotland's statutory scheme. Not only is it guaranteed that interest and charges will be frozen you can stick in the council tax arrears too.

 

More info here:

 

http://www.dasscotland.gov.uk/about/how-does-das-work

[dx100uk]

be careful also.

 

if all these passed years of ctax debts have been lumped together WITH this years arrears too that's not right.

 

old council tax debts can be treated as any other debt [like a credit card]

they are not a priority debt

 

only the current year is classed as that.

 

dx

[maroondevo52]

Hi,

 

As you have said it looks like Scott & Co are trying to squeeze as much out of you as possible, your right saying they can't increase your wages arrestment amounts and I don't think that's what they are saying in their letter.

 

They are looking for you to make additional payments in some other way, remember they can also Arrest your Bank Account at the same time as the wages arrestment.

 

Looks like they are trying to get blood out of a stone, nothing surprising there.

You also correct about them being able to petition for your sequerstration but like you say don't think that will benefit them in any way.

 

Maybe having a look at the DAS scheme as suggested by sequenci is the way to go.

 

I think your right about them trying to bully you into paying more, you can only phone them and tell them you can't.

 

I'm not sure how they will react.

[maroondevo52]

Thread moved.

[Crocdoc]

How much are you paying to the DMP,

 

How much unsecured debt is involved in the DMP

 

if you provide these figures I will do a DAS calculation for you.

 

If DAS becomes an option the Wages Arrestment will fall and as previously stated all acounts can be included on an interest and charge free basis.

 

To avoid future Council Tax difficulties ongoing payments can be calculated into essential expenditure,

therfore you may well find that you will end up paying less to the existing CT arrears and usecured debts thatn you are at present.

[IdaInFife]

do you pay what is in accordance with

 

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

[kirstyo]

I can only tell you what happened to me with a different sheriff officer company (stirling park)

 

It is a long story but to cut it as short as possible it goes something like this:

 

fell behind in council tax,

went to stirling park,

made arrangement with stirling park

paid every week for months then

 

missed a payment,

was told not to worry by them just to bring the account up to date within whatever time frame they gave me,

wages arrested without warning.

 

As it happened at the time i was due to start college and decrease my hours at work

so by the time the arrestment kicked in they were only getting something like 4 pounds a week

when i had previously been paying them 20.

 

not surprisingly I got the same thing you did

saying that i wasnt paying enough and needed to pay more.

 

I called them and told them it was their choice to arrest my wages

and that they were already getting the maximum amount that the courts say I can afford

from that so they wouldn't be getting any more.

 

They never bothered me again and just kept taking the money out of my wages.