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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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Non Payment of CTAX now Charge for Payment & Apparent Insolvency - Scotland


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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?

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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

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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?

 

 

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  • dx100uk changed the title to Non Payment of CTAX now Charge for Payment & Apparent Insolvency - Scotland

So why did you dispute the debt ?

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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

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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....

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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?

 

 

 

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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....

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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?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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

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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?..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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that's not what I asked?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.

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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/

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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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.

We could do with some help from you.

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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?

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