Non Payment of CTAX now Charge for Payment & Apparent Insolvency - Scotland

[17scot]

I  understand that if no payment is made after CfP served you can be deemed apparently insolvent then sequestration proceedings commence by a qualified creditor.

Can you dispute the debt before apparent insolvency is constituted?

What effect will this have on sequestration proceedings?

 

If the CfP is less than the £3000 threshold to become a qualified creditor

can the creditor then submit an accumulated amount to be presented to the court as it is more than £3000?

[AndyOrch]

Hi and Welcome to CAG

 

I have moved your topic to the Scotland Financial Legal Issues Forum..please continue to post here to your thread.

 

I think if you post a little history to what exactly the above is in connection to...to assist our users to advise.

 

Useful  link ....

 

https://www.advicescotland.com/home/diligence/charge-for-payments/

 

Andy

[17scot]

Thanks Andy

[17scot]

I was served with a charge for payment for £2000 for non payment of council tax on 14/01/19.

I disputed this debt with Sheriff Officers and the LA within 14 days.

 

I did not receive any bills or demands for payment before receiving the CfP.

 

In July 2019 I was served with a warrant to cite (First deliverance date 14/5/19) Petition for Sequestration for approx £13000

First court appearance early August where I disputed the debt.

 

There have been three hearings since, next one is an evidential hearing.

 

At the last hearing the petitioners solicitor stated that there was no way to dispute a charge for payment.

Is this correct?

 

Also petition has to be presented within four months of Charge for Payment

would that not mean first deliverance date should have been 13/5/19?

 

 

[AndyOrch]

So why did you dispute the debt ?

[dx100uk]

Thread title amended

 

it is very rare for CTAX debts to get this far.

can you tell us the history of why you haven't paid this?

other than you just dispute it?

 

who is the council involved too please

 

 

[17scot]

Argyll and Bute Council.

I am disputing the debt as I do not live at the property.

 

The council claim that I am am cohabiting at that address despite being provided with proof (council tax bills, registered docs/dentist etc outwith LA) that I do not live there.

 

I believe cases don't usually get this far because people are intimidated and bullied into paying up to avoid sequestration.

I have seen it several times in court in the past six months....

[dx100uk]

 

44 minutes ago, 17scot said:

I have seen it several times in court in the past six months....

 

or you've read about them but we p'haps never hear the true background story only sensationalising of the relevant bit of these cases by people.

but yes there are lots of them.

 

there is obv far more of this story than you are currently indicating, like why you didn't dispute this directly to the council in the 1st place and why its now several hearing down the line and the council are still pursuing this.

 

you have an evidence hearing so, use that to your best advantage and request the evidence now via the correct court form.

 

I will assume the actual CfP is all on hold, if not, it might be wise to https://www.advicescotland.com/home/diligence/what-is-a-statutory-moratorium/

but I don't think that is necessary now, Scottish legal issues can be a mine field for forums, esp with little background info to go on as here.

 

the £3k sequestration 'limit' is pretty immaterial now it's at the evidence stage, though i'm concerned they are after £13k now or is that an earlier typo?

 

 

 

 

 

 

 

[17scot]

sorry for typos, 13k correct, back dated....

This is daylight robbery/institutional bullying  if they do not have to provide bills to debtor before obtaining a summary warrant and then serve a CfP that the debtor can not dispute rendering them apparently insolvent....

[dx100uk]

Not for ctax no but you probably ignored them anyway.

 

now they have added on all the years this co habitation might have happened to get to this £13k then?

 

you having bills and other ctax evidence from another address doesnt automatically absolve you from ctax liability at a 2 nd address.

 

Why hasnt the named ctax person paid this ctax for it to get to £13k?

 

[AndyOrch]

When did you move out and into your own place and started paying your own C/Tax ?

[17scot]

dx1000 I pay my ct not ignore it.....

Andy 2015.

[dx100uk]

I was eluding too the person you supposedly were cohabitating with

why have they not paid it and it's fallen to you in the councils eyes?..

[17scot]

Can you dispute a debt after CfP served?

[dx100uk]

that's not what I asked?

[17scot]

Your question is irrelevant and missing my point.

[ss002d6252]

A Scottish council tax charge can be appealed to the Valuation Appeals Committee - Regulation 22 of the The Council Tax (Alteration of Lists and Appeals) (Scotland) Regulations 1993 sets out the statutory time limes. The fact that it may have been paid and/or enforcement action taken does not prevent the substantive liability being disputed.

[17scot]

Thank you,  I thought a VAC appeal was still open to me to dispute the liability. I will get on to this during the week

 

[17scot]

How long does a charge for payment last?

[AndyOrch]

If you ignore or otherwise fail to respond to the charge for payment, it will expire after 14 days and the court will automatically make a judgment against you allowing for enforcement action to take place.

 

How to Stop a Charge for Payment being used after it is Served

Again, a statutory moratorium can be used, even after a Charge for Payment has been served and has expired. Again, this is only possible if it has not already been used in the past 12 months and only allows six weeks breathing space to allow for a more permanent solution to be found.

 

https://www.advicescotland.com/home/diligence/charge-for-payments/

[17scot]

Thanks! But how long do they last? Is it two years if no diligence executed after the 14 day expires.

[AndyOrch]

Expires after 14 days and they get judgment to enforce.

 

https://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/paying_council_tax/council_tax_arrears

[17scot]

Yes but there must be limitations to a CfP if no diligence executed.

[AndyOrch]

If you ignore or otherwise fail to respond to the charge for payment, it will expire after 14 days and the court will automatically make a judgment against you allowing for enforcement action to take place. After the charge for payment has expired it is likely that diligence will be used to recoup the money you owe.

[17scot]

A charge for payment lasts for two years apparently.

this week in court I offered to pay the charge for payment but the other side refused to accept my offer of payment.

 

Can they refuse my offer?

 

What are the implications of refusing my offer?

 

Can the case continue after refusing my offer?