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    • There won't be a quick solution – and you properly had better get used to that idea. You certainly weren't following my advice. I specifically said that you should begin their complaints process immediately - and I think that you should do that. If you think that I didn't advise this then I would suggest that you start reading my posts – and the other threads on this forum rather more carefully. I think that your correspondence should keep to a minimum the amount of information which is necessary to be communicated to achieve your ends. Unfortunately is too late to re-call the email which you have sent – but it looks like a load of bluster and it will simply bring comfort to Hermes who are well used to this kind of thing. You don't seem to realise that they probably receive hundreds of ranting emails every week – and they all get consigned to the bin. The more it blusters – the less seriously they take it. I suggest that you start reading up about the pre-action protocol and how to bring a small claims in the County Court. That would put your time to good use
    • Hi, this alleged infringement occurred in 2015, do I try and get picts in situ now or wait for their witness statement.  I have posted CPR.31.14 registered post.
    • I am very pregnant and very frustrated and want a quick resolution. I thought I had followed your advice, but do accept bull in a china shop analogy. Thank you for offering to review further letters.   By the way, why is it too detailed at this stage? Won't that just save a lot of back and forth communications?
    • Well I think you are rushing at it like a bull in a china shop. You should begin their complaints process so that you can show that you have gone through the proper procedures and exhausted them. Because you are claiming third party contractual rights, it is part of the contract that if there is a problem then you should follow certain procedures. Also, your letter is far too detailed. You shouldn't be disclosing this kind of thing that this point. I suggest that if you want to send any more letters, you post them here first so we can have a look. Also you are already threatening court action – well that's fine – but have you ever issued a county court claim before? Have you any idea of the steps that you need to take? I think you ought to be more careful, more steady – and more subtle and understated in your approach
    • No I've written direct to customer services and copied in the CEO.   Actually, I had complained to Hermes via Resolver previously so I guess I have been through a standard process already yes.    They just said 'Paclink issue nothing to do with us' so trying a more direct approach now.   
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17scot

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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Thanks 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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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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s 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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s 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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s 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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dx1000 I pay my ct not ignore it.....

Andy 2015.

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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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Can you dispute a debt after CfP served?

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that's not what I asked?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Your question is irrelevant and missing my point.

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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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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

 

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How long does a charge for payment last?

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

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

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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.


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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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