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    • March 23: As the coronavirus crisis escalates, the UK is placed into lockdown with strict limitations on travel. The Government guidelines state: “You should not be visiting family members who do not live in your home.” The prime minister tells the UK public they "must stay at home". People are warned not to meet friends or family members they do not live with. Those with symptoms had already been told to self-isolate     Friday 27 March: Downing Street On the day Cummings ran out of No 10, his wife, Mary Wakefield, appears to have been already ill, according to her Spectator article about the experience, in which she says: “My husband did rush home to look after me.”   Both Boris Johnson and Health Secretary Matt Hancock test positive for coronavirus, while chief medical officer Chris Whitty says he has symptoms of the disease and is self-isolating.   Mr Cummings said: "I suddenly got a call from my wife who was looking after our four-year-old child. She told me she suddenly felt badly ill." He went home and after a couple of hours his wife felt better and he returned to work. "There were many critical things at work and she asked me to return [to work] in the afternoon and I did." He then "drove up to Durham that night arriving at roughly midnight" with his family.     In spectator articles on 24th and 25th April * Wakefield (wife) wrote in the spectator that Cummings said “I feel weird” and collapsed 24 hours after he came home to look after her * She went on to explain that for the next 10 days “Dom couldn’t get out of bed. Day in, day out for ten days he lay doggo with a high fever and spasms that made the muscles lump and twitch in his legs.” * Cummings wrote that “at the end of March and for the first two weeks of April I was ill, so we were both shut in together.” * The following days, by Wakefield’s account, were a mixture of family idyll and health nightmare, as she made a “palace out of polystyrene packaging” with their son … even as Cummings’s breathing got so bad that she feared he should be in hospital. But 10 days after her husband first fell ill, she said, he began to feel better – just as Boris Johnson went into hospital. That would place the improvement in his condition around Sunday 5 April,     Sat March 28th Is apparently the day Cummings said “I feel weird” and collapsed 24 hours after he came home to look after her His wife went on to explain that for the next 10 days “Dom couldn’t get out of bed. Day in, day out for ten days he lay doggo with a high fever and spasms that made the muscles lump and twitch in his legs.” Cummings wrote that “at the end of March and for the first two weeks of April I was ill, so we were both shut in together.” 10 days from March 28th – would take us to the 7th April.   Mon March 30: Downing Street confirms Mr Cummings is suffering from coronavirus symptoms and is self-isolating.   Tuesday 31 March/1st April: Durham The police have said that on 31 March they were “made aware of reports” of Cummings’s presence in the area and had then contacted the family to “reiterate the appropriate advice around essential travel”.   2 April: During the night, Mr Cummings' four-year-old son "threw up and had a bad fever". Following medical advice, an ambulance took the child to hospital. He was accompanied by Mr Cummings' wife   3 April: Mr Cummings' son spent the night in hospital and woke up the next day having "recovered". He was tested for coronavirus and his mother, who was with him at the hospital, was told "they should return home". According to Mr Cummings, there were no taxis so he "drove to the hospital, picked him up and returned home". He said he "did not leave the car or have any contact with anybody on this short trip".   Sunday 5 April: The ‘Abba’ sighting (despite claims of ten days where he couldn’t get up with a high fever) Cummings alledgedly seen in Garden with AbbA blaring But 10 days after her husband first fell ill, she said, he began to feel better – just as Boris Johnson went into hospital. Which would place the improvement in his condition around Sunday 5 April, … Although the claimed 10 days after the 28th – the earliest point at which Cummings was said to have been symptomatic – would be the 7 April. The Guardian approaches Downing Street about the story, only to be told by a spokesman: “It will be a no comment on that one.” Mr Cummings said "after I started to recover, one day in the second week, I tried to walk outside the house". He confirmed he, his wife and his son went for a walk into woods owned by his father and it was at this point he was seen by passers-by but his family "had no interaction with them". The exact date is not clear but his second week isolating in Durham would have between 4-11th   6 April: At some point in the week leading up to this date, Mr Cummings discussed his decision to travel to Durham with the prime minister. "When we were both sick and in bed," he said, "I mentioned to him what I had done. Unsurprisingly given the condition we were in, neither of us remember the conversation in any detail."   Fri April 10: Number 10 is again contacted for comment regarding Mr Cumming’s trip by the Guardian. Instead of defending the journey, officials declined to comment.   Fri 10th/Sat 11th April: The 14-day period of Cummings’s isolation would have expired on 10/11th April, assuming it is counted from when Wakefield appears to have first fallen ill on 27 March or when Cummings fell ill 24 hours later.   11 April: Believing he had recovered by this date, albeit "feeling weak and exhausted", Mr Cummings said he "sought expert medical advice". "I explained our family's symptoms and all the timings and asked if it was safe to return to work on Monday or Tuesday, seek childcare and so on. I was told that it was safe and I could return to work"   Sunday 12 April: Barnard Castle Wakefield’s birthday, according to Companies House records – they allegedly made a trip to Barnard Castle, a charming town 30 miles from the Cummings’s family property, described on the English Heritage website as having “fantastic views” and “plenty to do for families on a day out”. That detail emerged in an interview with Robin Lees, a retired chemistry teacher who lives in the town. Lees, who says he has a photographic memory, told the Guardian he was “a bit gobsmacked” to see Cummings, and then was so incensed that he made a note of the family car’s numberplate and checked it online when he got home. Cummings acknowledges he drove to Barnard Castle, 30 miles from his parents' home in Durham, with his wife and child. He explained this episode as needing to test his driving was fine before making the long drive back to London. He said he'd been having problems with his vision   Tuesday 14 April: London The Guardian asked Wakefield to confirm whether the family had been in London throughout the lockdown period, but received no reply. Cummings was photographed back in Downing Street on 14 April   Sunday 19 April: ‘bluebell’ woods - Cummings and Wakefield in Houghall woods? Could Cummings have then gone back to the north-east from London? Downing Street is emphatic that he did not. The denial came after another witness claimed to the Guardian and Sunday Mirror that they had seen Cummings and Wakefield on a country walk in Houghall Woods, a beauty spot near his parents’ property in Durham. According to this account, Cummings said: “Aren’t the bluebells lovely?” Cummings says he did not return to Durham   Monday 20 April Cummings seen in London again   May 23: Downing Street statement: “Owing to his wife being infected with suspected coronavirus and the high likelihood that he would himself become unwell, it was essential for Dominic Cummings to ensure his young child could be properly cared for.” The statement said: “At no stage was he or his family spoken to by the police about this matter, as is being reported. “His actions were in line with coronavirus guidelines. Mr Cummings believes he behaved reasonably and legally.” Speaking outside his home, Mr Cummings reiterated: “I behaved reasonably and legally”. When a reporter suggested to him that his actions did not look good, he replied: “Who cares about good looks? “It’s a question of doing the right thing. It’s not about what you guys think.” Later at the daily Downing Street briefing, Transport Secretary Grant Shapps said Mr Cummings had the PM’s “full support” and that Mr Johnson “knew that he was unwell and that he was in lockdown”. Mr Shapps said it had always been permissible for families to travel to be closer to their relatives as long as they “go to that location and stay in that location”. Meanwhile, deputy chief medical officer for England, Dr Jenny Harries, said that travelling during lockdown was permissible if “there was an extreme risk to life”, with a “safeguarding clause” attached to all advice to prevent vulnerable people being stuck at home with no support.   Health Secretary Matt Hancock and Chancellor of the Exchequer Rishi Sunak have tweeted their support for Mr Cummings.   Education Secretary Gavin Williamson said on Monday morning that Mr Cummings had "set out absolutely clearly and absolutely categorically he didn't break the rules and didn't break the law". The attorney general, Suella Braverman, tweet on Saturday in which she quoted the full text of the No 10 statement on Boris Johnson’s chief aide in which the prime minister said he had behaved “responsibly and legally”.   (Disgraceful) Boris Johnson said at the weekend Cummings acted “responsibly and legally and with integrity”   “The PM’s risible defence of Cummings is an insult to all those who have made such sacrifices to ensure the safety of others,” said Johne Inge, the bishop of Worcester, on Twitter.   “What planet are they on?” asked a front page headline in the Daily Mail, an influential right-wing paper usually supportive of Johnson.   https://descrier.co.uk/politics/dominic-cummings-and-wife-tried-to-cover-up-lockdown-breach-in-articles-for-the-spectator/   https://www.theguardian.com/politics/2020/may/24/dominic-cummings-timeline-what-we-know-about-his-movements   https://www.eveningexpress.co.uk/news/uk/timeline-the-coronavirus-lockdown-and-dominic-cummings-trip-to-durham/   https://www.bbc.co.uk/news/uk-politics-52784290   https://www.theguardian.com/politics/2020/may/25/attorney-general-faces-calls-to-resign-defends-dominic-cummings-suella-braverman   https://uk.reuters.com/article/uk-health-coronavirus-britain-cummings/what-planet-are-they-on-no-respite-for-johnson-and-aide-idUKKBN2310UE   https://cyprus-mail.com/2020/05/25/what-plant-are-they-on-press-slams-johnson-and-cummings/
    • simply tell them on the phone writing only sorry as I might want to escalate this to the fos or court. sorry but no speaky..speaky   you night find this interesting?   https://www.theguardian.com/money/2012/jun/09/life-insurance-misselling-aviva-hamilton-life   dx
    • I've had a few missed calls and then text from RBS wanting to talk about the letter I sent, two posts up.    Am I best to wait for them to write? Didn't really want to get into a discussion with them about it ideally!
    • I haven’t even looked.  I doubt some PR bod would have been in the loop.
    • Gove will be rubbing his little hands together in glee. He been quite careful in his limited wording in 'supporting demonic. but he poo'd his own pot a bit with that priority preferential test   No confidence vote (in PM not party).
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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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