Scotland - Council Tax - Bankruptcy

[davidscreditfile]

Hello.

 

I apparently have £12k Council Tax arrears.

I recently got a Sheriff Officer hand delivered letter demanding payment within 14 days.

The arrears start from 2002 until 2018.

 

I have 4 questions.

 

1)If I was not living in the property, (housing association) during the time of the invoices, but still on the voters roll (and tenancy agreement), do I still owe these arrears? (I can prove I was living at another address for several years, under a separate Council Authority).

 

2) If I made myself bankrupt, can I include all of this 'debt' under it?

 

3) How can I stop any further action, pending a dispute/starting bankruptcy?

 

4) How do I quickly start bankruptcy (I have no other debts, not concerned regarding my credit rating, don't own anything, I currently work - earning around £1200 per month).

 

Any other positive advice would be useful.

 

Thanks in advance :

[dx100uk]

1.tenancy makes you jointly liable if someone else on the agreement was still living there, regardless to if you were living elsewhere, so why aren't they paying?

 

2. yes you can inc Scottish CTAX in BK, but you need money to do so, The council can also petition for your bankruptcy [rfee to you!] if your council tax arrears are £3,000 or more. They would normally only do this if they cannot recover the money in any other way. [bankruptcy is a serious step and your home, assets and employment could be at risk}

 

3. you only have 14 days else they'll freeze banks account and seize your wages

 

4. approach the council.

 

expand on 1 so for 16yrs who has been there and why have they not paid?

[davidscreditfile]

Responses to above-

 

1 - They are chasing me for the debt, further inforrmation irrelevant

 

2 - Please explain who I approach, what I do etc. etc. to commence these proceedings and include this, should I wish to do so.

 

3. I asked for information relating to disputing the amount AND postponing further action legally - there must be some way of ensuring a legal stop to further action - please provide this.

 

4. I have. They advise to contact the Sherriff Officers. Basically, they do not care, they send an amount and these people chase it. Without remorse, information or any evidence that the amount is owed. Therefore, I wish to ensure that I deal with this situation immediately.

 

5. "expand on 1 so for 16yrs who has been there and why have they not paid?" Irrelevant. They are chasing me for the 16 years debt. I was not living in the property, (although on the tenancy), I was at a different Council, in a private lodging, where business rates were paid. However, I do not wish to go down the route of the legalicy of their claim, although justified to do so in my belief, I just wish to deal with this, and have the ability to contest if I chose to do so.

 

Thanks in advance.

[dx100uk]

further info irrelevant..........then further help irrelevant.

 

unsubbing....

 

dx

[davidscreditfile]

I only asked for specific information pertaining to what I wanted to do, you were asking for information which was irrelevant. I'm not looking for a saviour, only exact advice to my relevant questions.

 

Why does the information you seek matter? If you read my questions, I was VERY clear on the advice I needed, surplus information makes is muddy.

 

I'm guessing you are not impartial, nor here to provide correct advice ;-).

 

I am confident there will be someone on here with credible advice, and 100% impartial and knows common law and other relevant human rights!

[stu007]

Hi

 

Without the Irrelevant Information then you will not get the advice you need

[davidscreditfile]

Ok, lets see if providing the information provides further legitimate advise.

 

1. so why aren't they paying? I can't answer for them. The Council are chasing me for (what it seems) the FULL amount per year. My brother was also on the tenancy agreement. The bills were in his name for 10 years, then reverted to mine. Either way, I was not in the house. You said I would be liable because I am on the tenancy agreement - where in LAW does this make me liable??

 

2. I have nothing of value.

 

3. If they wish, they can do so, however, to do so will only involve me to take them to court to provide evidence I owe this money. As mentioned, I didn't live there, I was on the tenancy agreement. I do not know of any law which states, if you are on a tenancy agreement,( this is for council tax), that I would be liable, - please can you elaborate on your knowledge of why I would be liable?

 

4. I have. They passed me back to the Sherriff Officers. They only want the money and take the action allowed by Law. However, there must be some common law which over rides the guidence> perhaps not common law, but surely evidence must be in existence to enforce their privillidges of taking action? (Excuse my writing, my spell checker is broken.

 

I have now provided all the information requested. It doesn't change my question. .... How does one go ahead and go bankrupt and include council tax debt into the bk?

Edited March 9, 2018 by davidscreditfile
Truth

[stu007]

Hi

 

1. Was it just you and your brother on the HA tenancy Agreement and who was the main tenant named on that agreement? (when you moved from the property did you inform the council and tell them your new address and recieve a Final Bill?)

 

Housing Associations share information with councils even my own HA shares information with the council under an Information Sharing Agreement/Policy which makes it legal.

 

You urgently need to respond to the Sheriff Officers hand delivered letter within 14 days as there is no way you are going to be made Bankrupt within that period if applying for it yourself.

 

Account in Bankruptcy link: https://www.aib.gov.uk/

 

You also need to check you credit file

[dx100uk]

thank you for the info.

the law used is called joint and several liability because you left yourself on the tenancy agreement

 

regardless to if you are resident at any other property and can prove that

you are a joint tenant so both of you liable for the full amount until paid.

 

you can go argue the toss about legalities and if there is any there there later.

 

pers i'd try going for a time order

http://www.govanlc.com/counciltax_downloadform.htm

 

but you must speak with the sheriff officers soonest.

they don't have to tell you they are going to arrest your bank accounts nor your wages

they just do it on day 14.

 

I notice you've posted on this thread

https://www.consumeractiongroup.co.uk/forum/showthread.php?483001-Walker-Love-Huge-CTAX-Debt&p=5104829#post5104829

yo need to go read it and follow what london1971 says get LETTER writing.

 

what date is on the warrant please

[London1971]

Take 5 minutes, to write an email, make a phone call to the elected local councillor, and elected head of council. (for the area where the property is). All the relevant contact details should be available on Google. Leave a voicemail and send an email. Please do this today, as they have the authority to cancel this immediately. I know this because I was in deep debt to the council, and they rescued me. At the very worst they might be able to make it so you can make affordable payments.

 

Along the lines,

 

' The council, is demanding that I pay £12,000 in back council tax from 2002, for a property that I was a joint tenant (with my brother) but never lived in. I earn £1200 per month and have no savings, and have been told I need to pay £12,000 within 14 days. I've tried to explain the situation to the council and the Sheriff but it has fallen on deaf ears.

 

This has come out of the blue, and is shocking to me, I don't have the money and have been told that my wages can be seized if I don't pay, I could potentially be unable to pay my rent and end up homeless because of something that I have no knowledge of.

 

I understand that councils are under great financial pressure, and that to the letter of the law I may be liable for this sum of money but please can you intervene on my behalf to cancel this, as it has placed me in an impossible situation.

 

Kind Regards

 

xyz

[sgtbush]

You signed the tenancy, your responsible for the ct. So is someone else but they can chase either or.

Your living somewhere else.... Irrelevant.

 

Bankruptcy, you need a lump sum of money to get the ball rolling and expect for the next few years to have problems even signing a new tenancy, never mind renewing a phone contract or getting credit from anyone.

[London1971]

That £12,000 may also be wrong if you can prove you weren't living there. If your brother was living alone he would have been eligible for the single person 25% percent discount. There could be a back claim and reduction there.

[sgtbush]

Not if there are two names on a tenancy agreement. Very hard to prove. They would have to send someone out to visit, and they only do that to investigate fraud

[AndyOrch]

"How does one go ahead and go bankrupt and include council tax debt into the bk? "

 

https://www.nationaldebtline.org/S/factsheets/Pages/council-tax-recovery-scotland/council-tax-debt.aspx

 

Regards

 

Andy

[stu007]

Have a look at this Citizens Advice link: https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/bankruptcy-2/after-you-go-bankrupt/creditors-still-chasing-you-after-you-go-bankrupt/

 

Go down to 'When creditors can still chase you' and have a wee read.

[dx100uk]

this is Scotland gentlemen....

 

https://www.advicescotland.com/home/council-tax-debt/

[stu007]

Bankruptcy (Scotland) Act 2016 link: http://www.legislation.gov.uk/asp/2016/21/enacted