Charge for payment of Money - Scotland

[radial5]

Hi, I've received a letter posted through my door titled "Charge for payment of money", this is regarding some outstanding Council Tax that I have not been able to pay.

 

I have seen the posting titled 'Have you received a charge for payment/arrestment/summary warrant?'

 

However I'm not sure who or where I need to send the documents to, it's on behalf of my local council but from Scott and Co.

 

 

There's no listing of court address so would I apply for a payment schedule or time to pay through Scott and Co?

 

 

Any advice on this would be appreciated, thanks!

Edited May 1, 2014 by radial5
typos

[BRIGADIER2JCS]

Hi Welcome to CAG.

Contact the council for more details.

 

 

I 'll alert someone with experience of CT in Scotland.

[radial5]

Thanks I will do and look forward to further advice on this!

 

[Crocdoc]

How to apply for a time to pay order

17 The application form for a time to pay order can be obtained from the sheriff clerk's office at the local court

18 The form has insufficient space for income and expenditure details and it is advisable to attach a more detaied financial statement. The debtor will need to know the court reference number, the date the decree (or summary warrant for council tax) was granted and the sum outstanding. All of these details will be on the charge for payment which must be served on the client before most methods of enforcement can be employed.

19 The completed form must be returned to the sheriff clerk and it is advisable to send copies to both the creditor and their solicitor.

20 The debtor should start repayments at the proposed rate immediately. If there is a court hearing on the application this will increase her/his chances of success.

21 When the sheriff receives the application s/he will check that it is satisfactory and if it is, will make an interim order which prevents the creditor carrying out any further enforcement before the application is heard in court. A copy of this interim order will be sent to both parties.

22 If the creditor does not object to the repayment proposal, the sheriff will make a time to pay order in the terms of the debtor's application 14 days after the date of service of the application.

23 If the creditor objects to the application within 14 days, the debtor will receive a copy of the objections and any counter-proposals which the creditor may make. If the debtor agrees with the counter-proposals s/he should tell the sheriff clerk in writing. The sheriff will then make a time to pay order in terms of the counter-proposal.

24 If the debtor and creditor do not agree about the repayment proposal, there will be a court hearing at which the sheriff hears both parties. A lay adviser can represent the debtor as long as the sheriff considers the person is suitable. The sheriff either:-

• grants a time to pay order; or
  
• refuses to grant one, in which case the interim order stopping enforcement is cancelled.
  

25 The sheriff clerk sends the decision in writing to both parties. If the application is not granted and the debtor does not pay the debt immediately, the creditor can enforce the debt.

 

If you already have the application return it to the court that issued the Summary warrant, this detail should be provided in the Charge for Payment, if not it will always be your local Sheriff Court.

 

I hope this information is of assistance

[radial5]

Thanks for your response Crocdoc, I'll get this done asap.

 

Do you guys have any templates for income and expenditure as this one with this isn't suitable?

 

Thanks

[caro]

There's a budget sheet in post 2 of this thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession&p=3603854#post3603854

[sequenci]

Do follow Crocdoc's sound advice.

 

If you have other debts too you can also prevent further action (and have all interest and charges frozen) by entering into a 'Debt Arrangement Scheme'. More info here: https://www.nationaldebtline.org/S/factsheets/Pages/22%20SCOT%20Debt%20Arrangement%20Scheme%20(DAS)/Default.aspx

[radial5]

Helllo, thanks again for the responses.

 

The only thing that concerns me is the part that notes:

 

The debtor will need to know the court reference number, the date the decree (or summary warrant for council tax) was granted and the sum outstanding.

 

There's no obvious reference to the court reference number and the date seems to be scribbled in pen which is making me question whether its legit, would the local Sheriff court be able to supply these details after looking at the document?

 

Thanks

[sequenci]

Hiya,

 

The court should be able to help you

[maroondevo52]

Hi,

 

Are you up to date with this years Council Tax ?

[radial5]

Hello,

 

I need some further advice where possible please.

 

I managed to get advice form national debt line who helped me work out a budget and an amount I could afford to pay Scott and Co.

 

Basically I called Scott and Co directly to arrange this and the payment of £120 per month was arranged by direct debit.

 

Unfortunately I was just made unemployed as of 30th of September and couldn't afford to pay the amount, this is mainly due to my employer overpaying wages previously and reclaiming it form my wage (another long story) and receiving very little this month as well as having no income going forward until I find new employment.

 

I cancelled the direct debit from my account as it had bounced and didn't want to incur any further charges, Scott and Co sent a Summary for warrant the day after (interesting document, they state the total without taking into account the monthly payments).

 

I'd been so busy in trying to find new employment I let this slide as I had a few interviews and had and other things to deal with and today I just received an earnings arrestment schedule from Scott and Co. This will fail (I think) as I was only due some holiday back-pay and a weeks wages however my employer has stated they're using it to cover the over payment they gave me earlier in the year meaning I won't receive any wage for this final pay cycle.

 

I would like to ask:

 

- If the arrestment document should name a local sherriff court that this was granted? All it shows is an another address for Scott and Co.

 

- Is it possible that I can still file a time to pay document to a Sherrif court, especially given that I have no income at this present time and I'm waiting to hear about JSA etc?

 

- If the above isn't possible, is it best to contact Scott and Co to let them know of my recent unemployment?

 

I don't want it to end up becoming an exceptional attachment order where they can enter my property, frankly I don't have much and really don't want to lose anything.

 

Any advice would be appreciated, thanks!

[maroondevo52]

Hi,

 

The arrestment document is produced by Scott & Co and won't have your local Sheriff Court on it.

 

As the Sheriff Officers already have a Summary Warrant, This type of procedure bypasses the normal court process. In effect councils are not obliged to go the long and complex route through the Sheriff Court to achieve Judgment. Basically the councils apply for a form which the court will automatically provide. The Summary Warrant is a virtually automatic path to enforcement.

 

Once the Council has obtained a summary warrant, they have the power to take deductions for Council Tax debts from Income Support, Job Seekers Allowance, Employment and Support Allowance, Pension Credit. The amount they can take is limited, I think it's under £4.00 per week at the moment.

 

I'd phone Scott & Co and let them know what the score is, see if you can work something out with them.