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

[17scot]

 sequestrated today for  non payment of council tax on an exempt  property...

[dx100uk]

but it wasn't empty at the time these ctax payments were due?

and that doesn't matter either

 it is liable for CTAX sadly but poss at a discounted rate.

 

I hope i'm wrong but you appear to at some point in time, as this is a historic issue for it to escalate to this level 

but its looks like you might have unfortunately followed a bit of freemen of the land stuff whether by accident or by design?

 

dx

 

[17scot]

what are you talking about Freeman of the land????

Occupation for prescribed purposes is allowed ie building the house

 

No Bills

no demands for payment

no CfP other than one for £2000

no other diligences.

. straight to sequestration,

moratorium in place, 

DAS in place .

.ignored by sheriff

offer to pay CfP ignored

 

What is the point in having Local Government & Finance Act, Debtors Act or Bankruptcy Act  if it is allowed to be ignored by sheriff

 

This is a disgrace and will be recalled

[dx100uk]

might of been better if you'd explained all this when you came here ...

Occupation for prescribed purposes is allowed

so is the establishment under construction....or is it some other reason you think that applies?.

 

it appears they have charged you ctax for numerous years rather than one?

you say no bills, where were they going then..

 

you need to expand on the full history of the establishment and its connection to you..

...and again you indicated you were co-habiting or they classed you as... so what has happened toward the other party ?

 

 

 

[17scot]

property is not lived in as completion certificate not accepted or refused . That was submitted three years ago.

Initially they said I was liable as owner occupier,  in court they admitted that I did not live there but was liable as joint owner anyway.

They just make it up as they go along and the sheriff doesn't even question it

[AndyOrch]

For information....

 

https://www.eastrenfrewshire.gov.uk/CHttpHandler.ashx?id=16543&p=0

 

https://www2.gov.scot/resource/buildingstandards/ProceduralHandbook/chunks/ch05s04.xhtml

[17scot]

Wow thanks for the links

In court A&BC said there is no exemption from council tax without a completion certificate the only exemptions are if there is a closing order or a demolition order.

 

Quite an astonishing statement to make when every other council has clear policies and guidance on their websites about completion certificates.

 

I have made a full complaint to SPSO and a proposal to Valuation board to delete property from their list.

 

Meanwhile preparing for recall.

Clearly some in house conflicts between building control and council tax department and I have been caught in the crossfire

 

You would hope the clowncil would get their facts right before destroying someone life

 

Furthermore, how many more people have been charged council tax on an exempt property.....

[17scot]

https://www.midlothian.gov.uk/info/161/building_standards/293/obtain_a_completion_certificate

Building (Scotland) Act 2003

21Occupation or use without completion certificates

(5)Any person who occupies or uses a building to which this section applies (other than solely for the purpose of its construction or conversion)—

(a)knowing that no completion certificate has been accepted under section 18(1) in respect of the construction or conversion, or

(b)without any regard for whether a completion certificate has been so accepted,

is guilty of an offence unless the occupation or use is authorised by a permission granted under subsection (3).

[17scot]

How can Benefits & Revenue Manager claim not to know anythings about Scottish Building Regs or Chargeable dwellings or exempt dwellings under statute