Council Tax arrears.Scott&Co seeking Bankruptcy,refusing payments&plan.home-owner..

[Kestrel77]

Hello,

 

3 weeks ago Scott&co told me they were going for Bankruptcy. This was on a friday over the fone.

 

On the tuesday I was on the fone arranging a new payment plan, placed on hold while he cleared it with his manager, my credit ran out, so the call went dead. When I called back the next day they were closed.

 

When I got back through to them on the friday, it was then I was told they were going for Bankruptcy, despite me telling them it was only tuesday they were happy enough to arrange a new plan..

 

The total figure owed is over 8k representing just under half of the last 12 yrs council tax (at £1400 per year) including charges. Since finding out about this, I have paid £250 off of the arrears.

 

Last night when I went to pay another £50 using their automated 24 hr system, it would not let me, informing me the system was down for maintenance. I called the today, and the young man told me he could not accept Any payments, apart form the Full Balance. I asked him to send me that in writing, and also that they were rejecting my payment proposal of £150 per month. He said he is not sure if they can do that, we will see.

 

Needless to say, I am terrified. I work, have lived in this house since march 1997. There is around 6 yrs left on the mortgage, it is my only asset. I have enlisted the help of the local C.A.B., and they managed to get me a 4 week suspension, which is due to end in a few days.

 

There are companies that buy properties quickly, for Much less than market value. I do not know what to do. Whist I am very thankful for the CAB, and appreciate they have a lot to do, the fact is communications with them is like pulling teeth. It is a closed office here in this small fishing town that handles money issues, and I can Not get the to answer the fone. So today I wrote a 4 page letter to them, and posted it through their door. So, I await any reply from them. The only comms so far, has been me filling out a large CAB set of forms, handing them in, then getting a letter stating they had attained a 4 week reprieve.

 

I rang Aberdeenshire Council direct, and spoke to a young lady called Sara, she said she could see the £250 I had paid, and said I ought to ring Scott&Co and given the payments I have recently made, they should agree a payment plan with me, but you can read above what their response was/is.

I feel powerless.

 

What am I to do if they will not receive payments, not agree a payment plan, and intend taking me to court. What will happen ? Will the Sherriff put me out the house, and it go up for Auction ? It is Aberdeenshire Council to whom the money is owed (a lot of it is charges and the single persons discount I never received..)

 

I am not expecting miracles, but would be very thankful for anything you may think will enlighten me. S

 

 

Thankyou,

Edited March 17, 2016 by honeybee13
Email removed plus paras added.

[honeybee13]

Hello and welcome to CAG.

 

I've removed your email details because that isn't how we work here. For various reasons, we recommend that all advice is kept on your thread so that it can be peer reviewed, and to protect your privacy.

 

People should be along later with advice for you, please bear with us until they can get here.

 

My best, HB

Edited March 17, 2016 by honeybee13

[dx100uk]

why do you suddenly owe 12yrs of back CTAX?

when no enforcement has taken place before over the last 12yrs

 

 

tell us the full story please regarding why?

 

 

to me something is not sitting right here.

 

 

dx

[maroondevo52]

Hi Kestrel77,

 

I was due Scott & Co just over £6,000 for council tax arrears a few years ago, they were also going for my Sequestration.(Bankruptcy)

 

I managed to get them to accept £200 per month on a payment plan which I managed to keep to and it is now paid off.

 

There's a link here with information regarding council tax arrears...

 

https://www.nationaldebtline.org/S/factsheets/Pages/03%20SCOT%20Council%20tax%20recovery/Default.aspx

 

You say they told you over the phone they were going for your Sequestration, what have you had from them through the post regarding this.

[Kestrel77]

Hi thankyou everyone for your responses... Well I can tell you, I already feel re-assured, if only to have someone who has actually showed an interest in my plight, really marvelous. @Dx I will try and satisfy you if you tell me what you would like to know, my crystal ball is being repaired

Okay, yes I have had payment plans in place with Scott&Co for many years. Never before has there been any enforcement action with Scott&Co, I have had to have a few new payment plans agreed over the years after failing for a month or two, thereby requiring a new one to be agreed, perhaps 7 new plans over probably almost a decade of being in arrears with my Ctax.

BRB

Edited March 17, 2016 by Kestrel77

[maroondevo52]

Hi,

 

I also had a few payment plans with them over the years, you have to remember every time you fail to keep to an arrangement they apply for another Charge for Payment adding another £100 odd to your arrears, I would get in touch with Scott & Co again and ask them to accept another payment plan and stick to it, only offer what you can afford.

[Kestrel77]

I've had one letter stating that they, in conjunction with Aberdeenshire Council, have decided to go for Sequestration, that a petition would come to me containing a date and a time at which I must appear at Court, and that the only way to stop this is payment in full.

I have found an email address for them, so I will offer them £200 per month, I will share any replies.

maroondevo, your words are the biggest ray of Hope I've had in over three weeks, thankyou for that.

Honeybee, your warm welcome is much appreciated. I understand.

Encouraged

[Conniff]

I think I'm right in saying that council tax arrears are not sold on to debt collection firms, so why not pay the council direct, the regulations will not allow them to refuse a payment.

[Kestrel77]

Update

I had 2 calls from CAB this morning.

 

 

One to tell me of an appointment with themselves on monday 21/3/16,

and the 2nd to advise me they have spoken with Scott&Co

and that I must call Aberdeenshire Council direct.

 

 

I did, after explaining my plight, simply as in my opening post above,

the lady seemed interested, and told me she would fone me back.

 

 

When he called back she told me Scott&Co were going ahead with Bankruptcy,

and that the account is entirely in their hands..

 

I am back at square one,

albeit with a closer contact containing a glimmer of Hope for this appointment monday lunchtime.

 

 

A couple of people are urging me to sell this 3 bed 2 bathroom maisonette with a market value of 75k, quick and cheap.

There is one company that buys quick who have expressed an interest,

tho I'm pretty sure it will be for 15% less than value,

 

 

Truth is, I am in a position where that may be what happens, IDK..

 

 

I will wait until monday either way.

Repossession and Auction would be the worst outcome

 

What is striking and ironic, is that this same council will have to re-home me somewhere

if and when they put me out of my home.

 

 

I longtime have observed how wretched the status quo is in the UK in this matter,

with tens of thousands of people in pokey B&B's at very high rents

to mainly private landlords paid for by tax-payers money.

 

 

Likely this matter would be calamitous for my work and life, as my income would not be enough to pay the rent in such a place.

. I would MUCH prefer to stay in my home, and fight, work, commit myself to paying off this Debt

~ than to be a burden to the tax-payer..

 

 

I am unsure if an 'EAR' exists that has any capacity to consider these things, and help e with a better outcome.

 

I have read the above poster, thankyou for this,

I will try and go into the Council and pay something else off of this Debt.

It was my understanding that Scott&Co cannot refuse payments, but this is NOT the case here.

 

 

They have point blank refused payments from me recently, saying Only the full payment can be made.

 

This afternoon ~ Okay, I finally got through to a manager at Aberdeenshire Council,

and after being royally dressed down twice, it seems he is willing to try to help.

 

 

He says providing court dates have not been fixed, he will accept £180 per month.

 

 

I will find out next week, tuesday he said..

Edited March 18, 2016 by honeybee13

[maroondevo52]

 

 

He says providing court dates have not been fixed, he will accept £180 per month.

 

 

 

Hi,

 

That is great to hear, I'm keeping my fingers crossed for you, there is nothing from stopping the Council 'taking back' the arrears and if you can afford to keep up the payments things should work out fine.

 

I struggled paying £200 a month to Scott & Co but only missed one payment for which they added a further £98 to my bill but continued to accept my payments.

 

At least on Monday CAB will tell you what options you have.

Come back and let us know how you get on.

[Kestrel77]

I can't tell you what each of these 'gasps for air' does for me..

 

 

First you guys stepped in with knowledge and interest,

now it seems this manager is willing to hear my cry.

 

 

if this doesn't work, then I hope in either a kindly Sherrif, or a Debt Arrangement Scheme,

subject to what the CAB say to me on monday..

 

I will surely check back in,

tho often I write a lengthy post,

and when I hit 'post', it disappears,

and asks me to log in again, but all my writing has Gone!

 

 

That is why it sometimes perhaps appears I am taking a long time to reply.

 

I got someone who's willing to store my piano and keyboards and Banjo's and suite,

plus a van and guys I can get to help, selling up suddenly is Crap though.

 

I really hope I don't have to.

[dx100uk]

sometimes its better to type your reply in say notepad

then copy and paste it to a msg box here

else as you've seen you'll time out.

 

 

dx

[Old Cogger]

A couple of people are urging me to sell this 3 bed 2 bathroom maisonette with a market value of 75k, quick and cheap.

There is one company that buys quick who have expressed an interest,

tho I'm pretty sure it will be for 15% less than value,

 

usually they go for 30% or more profit

 

 

I once made enquiry on a £165.00 house, and they said an offer of £112.00, told them go forth and come in 5th, sold on market in the end after the 2008 downfall of £144.500

[scousebird]

Not sure of scottish law...

but a council has a duty of care for any agents that it appoints and are consequently responsible for their actions especially if unreasonable or threatening.

 

i would be inclined to write to council to back up your recent offef which has been accepted and advise them of the stress and unreasonablness of their agent and that going forward you wish to deal only with them directly.

 

 

Stress the recent unhelpful events and your offers to pay etc.

 

i would also then send agents a copy of said letter along with a covering note confirming that you will be dealing dirdct with council and will not be liable for any additional fees etc they try to impose going forward and any further attempts to collect will be referred back to the council.

 

Meant to add..... i had similar situation (uk) and council were helpful.

 

if they push for court or have even proceeded then all written communications will back up your attempts to resolve and show that agents have been unreasonable....

. which hopefully support your defence.

good luck.

[maroondevo52]

Kestrel77, how did your appointment with CAB go.

[kirstyo]

I really hope you get this sorted. I had a nightmare time with council tax a few years back which I am still currently paying but I am not a homeowner so didn't have as much to lose as you do.

 

Why did you not get your single persons discount? Can you prove in some way that you should have been getting it? If so they can back date it, same thing happened to me with the student discount (which essentially is the single persons discount if you live with a non student as I did when I was a student) and I eventually got somewhere around five hundred pounds off the bill because they backdated the discount.

[Kestrel77]

Hello,

 

 

well it has been another whirlwind-week in regard to this matter.

 

 

On monday I had 40 mins or so with the CAB money lady,

she was super (yet would not tell me, even in loose terms, if anyone else had ever lost their home by being in the same situation as me!) and really, looking back now, did not have that much to say.

 

 

What she did say however,

was that their in-court advisor (strange how she did Not say she was a solicitor>)

would be willing and able to represent me if it does go to court.

 

 

That even if they got an Edict from the Sheriff it would take a good while to get me out.

She enquired as to my discussions with Scott&Co, and with Aberdeenshire Council.

She also Asked me about my income/work, and how much I could afford to pay,

which I had already covered in the 4 page letter I sent CAB 5 days ago.

 

today I had the fone call from a man at Aberdeenshire Council, the same man, a manager, who I had spoken with friday 18th March

~ he was supposed to call me yesterday, which meant I spent the last 24 Hours in Limbo, fearful as to why he had not called me back, worrying if Scott&Co were just going ahead with Imminent Court or not

 

 

he said that he was willing to accept £180 a month, and that £90 will be for the present council tax bill, and £90 for the Arrears..

 

 

The only sticking point is that he said he has to run it by his line manager (which I found strange, since he had made out he was a manager ?)

 

 

I wasn't about to start enquiring as to his role with Ab council

~ he could tell me he was the Mayor of Barbados and I would go along with it right now..

 

 

Also his demeanor was totally different, gone was the mocking, attacking tone, replaced with a conciliatory, friendly tone...

 

 

So, as I say, I still now, particularly as I write now, I am still a little fearful about him having to run it by his managers, but I suppose the inference is that he does not have to run it by Scott&Co, it will be decided internally at Ab Council.. I hope that the very fact he has gone thru all this with me means what he tells his line-managers will be accepted ?

I will post back with an Update

 

Kirsty,

further to my chat with the CAB lady on monday, upon her suggestion, I immediately went into Ab council's shiny new building in town here and filled out the necessary form,

stating that really many many years of single persons discount are due, and that I suffer from memory-loss

 

 

~ so we will see the outcome, as to how much of that discount could be backdated.

 

 

Good point tho, thanks

[maroondevo52]

Hi Kestrel,

 

Your contact with the council sounds encouraging, the way he has mentioned splitting your payments between the arrears and your new council tax bill sounds like some sort of decision has been made, hopefully when he 'run's it by' his line manager everything should be ok.

[scousebird]

Well it all sounds promising....

i would be inclined to strike whilst the irons hot and make the first payment.

that way you show willing and they cant refuse to take it....

any back dated credit will go off the arrears first.

one you up and running you could also try to get bailiff charges removed/reduced but you.may be glad to just run with it as is!

All the best.

[Kestrel77]

@maroondevo ~I have to make Clear ~ your presence, words, and encouragement have been Unique

and of Great Value to me over the last week maroondevo, you really have.

 

I could well imagine a scenario, where someone like myself comes along Desperate and Deeply Troubled,

and help and assistance here

 

could actually be the difference between them surviving an Ordeal like this ~ and Not surviving..

 

So a big thankyou from me, I am moved.

 

@scousebird ~ yes today during the call,

I volunteered (boy does my mouth get me in trouble sometimes..) to pay £180 this month as a starter,

whereas I really wanted to ask for it to start next month..

 

 

It doesn't matter, as I have earned enough to cover all thankfully, plus as you say it does show good willing

, in that, since this matter arose 4 weeks ago, with the £!80 I am about to pay, I will have paid £480 cash.

 

 

Thankfully no bailiffs have attended, yet, so idk if any charges to that effect have been added

. tbh I was just so relieved that Finally I was talking to someone who had the power

and will to prevent me losing my house, that all else left. I did agree to set up a DD direct to Ab Council.

 

What I did find unusual is that this guy said that they, Ab council, could receive the money, and then give it to Scott&Co which sounds very strange to me, particularly in the light of a previous poster earlier stating that these dets are Not sold on ?

[Kestrel77]

I've made the first £180 payment.

 

 

Spoke again to my contact at Ab Council,

 

 

he still has to run it by his manager,

and is going to call me in time for the next payment being due

in order for me to set up a DD..

 

 

Still a tad unsettled by this,

 

 

but I must wait patiently for this agreement to be in writing.

 

Thanks

[maroondevo52]

I've made the first £180 payment.

 

 

 

Good, let us know when you get the payment plan agreed.

[maroondevo52]

Any further forward with this Kestrel ?

[maroondevo52]

Hi Kestrel,

 

Your 2nd payment would have been due in the past few days, do you have an update yet.

[Kestrel77]

Hello, yes I have made the 2nd payment of £190.. Ab Council rang me asking me if I could increase £10, and to reassure me that the delay in getting a written agreement was okay.. Apparently they cannot agree a written plan til my historical claim for single persons discount is finalised.. I await this.

So, just working away with my small Biz, watching the pennies, doing all my own work in house & car, and trusting God.

Thankful for you stopping by to ask.

It was an awful experience, for five weeks, in my mind, I was already Out my home and in a B&B, where I would have been unable to carry on working, since likely my income would not have met the huge rents landlords charge nowadays for crap rooms..

So I am real glad to be able to stay in my home of 19 years