CTAX Debt with Stirling Park sheriff officers

[foxysas]

Hi,

 

I'm looking for a bit of advice,

I owe £450 council tax for the previous year.

 

Stirling Park have said I have to pay £100 a month to clear this.

 

I have told them that I cant afford this as I work part time and earn £650 a month.

 

I have offered to pay £25 a month and they have refused this saying

"Minimum payment is £100 but no payment will be refused,

however failure to maintain the £100 repayment will result in Legal action being taken".

 

I am up to date with this years council tax and I have my usual outgoing payments of

rent, council tax,gas & electric etc so there is no way I can afford £100 on my wages.

 

I'm going to write to them again

but what else will I say tho them

as I have told them I'm not refusing to make payments

but what they have suggested is too high.

 

Any help is appreciated.

[rory32]

It would be a good idea to produce a Statement of Affairs.

This will show all your income and outgoings.

It makes it easier for them to see that you can not pay £100 a month and that £25 is reasonable.

 

If after doing this they still ask for £100 complain in writing to the council and cc your letter to local councillors.

[Wannagiveup]

I too am having serious problems with Stirling Park.

They took over my council tax debt and I initially agreed to pay them £150 a month by standing order. After speaking to someone who is also paying them, I found that I could pay them by BACS - directly from my bank, online, and on a date that suited my finances.

 

I called them back half an hour after my first call. I asked if this method of payment would be okay and they accepted so I cancelled my standing order with them during that very same call. They even told me that I could make my monthly payments by the 30th of the month, giving me ample time to get the money together. What a nice, helpful bunch of people...

 

This worked out well for a while until my work hours were cut and I couldn't meet January's payment. I called Stirling Park and asked for a reduction. I was informed (rather rudely) that I would have to bring my Jan and Feb payments up to date by the time Feb's was due, which the man on the phone told me would be the 29th, before they could review my monthly arrangement. I accepted this.

 

However, two weeks later I recieved a call from my boss telling me that Stirling Park had put an arrestment on my earnings. Not only was this utterly humiliating for me, but I knew that I still had 11 days left to pay them. Stirling Park were aware of my earnings and knew that as I earned such a small amount each week, they would be unable to collect in this way anyhow. I feel that they did this to bully and embarrass me into paying. I had recieved no letters or phonecalls telling me that this would or could happen. When I asked them why, I was told "Its not our job to chase debts, only to collect them. We don't have to tell you anything"

 

They also completely denied telling me that my payments could be made by the 30th and that their company do not accept BACS payments. They told me that I had a standing order for the 7th of each month with them. I asked if they could tell me how my last 3 payments were made, and she replied "by BACS".

 

I asked to speak to a manager or supervisor. She refused. So I then asked what was on her records of the calls I'd previously made to them. She described almost in detail every telephone conversation I'd had with them but wouldn't tell me what was said on my 2nd ever call (the one where I cancelled my standing order and got a new payment date) So does that mean I'd just called for a chat about the weather then?

 

Anyone know if I have a leg to stand on with this? What does the law say if its my word against theirs?

 

I may not know how to solve this, but I can say, if anyone else finds themselves dealing with Stirling Park Debt Recovery, please, please, DO NOT take what they tell you on the phone at face value. GET IT IN WRITING OR RECORD YOUR CALLS.

 

Please note, if you do choose to record the calls, make them aware of it or you could be breaking the law.

[octron32]

Please note, if you do choose to record the calls, make them aware of it or you could be breaking the law

.

 

It is not illegal for individuals to tape conversations providing the recording is for their own use, under the Regulation of Investigatory Powers Act 2000 (RIPA).

 

If a person intends to make the conversation available to a third party, they must first obtain the consent of the person being recorded.

 

ie use it in Court.

[pixieo5]

More Stirling Park Problems......can anyone help

 

My husband recently had his wages arrested by Stirling Park for outstanding Council Tax arrears. This was done by issuing an 'Earnings Arrestment Schedule' to his work. The things that I really need help with are:

 

1 The schedule quotes 3 no. summary warrants from Dumbarton Sheriff Court (Nov 2006, June 2007 and June 2008), yet the schedule is signed by an 'Officer of Court, 16 Nelson Street, Kilmarnock' - the address is the same address as the Cashiers department for Stirling Park. - Are Stirling Park now a court in their own right?

 

2 There is no court stamp on the schedule (or stamp of any kind) - does this make the schedule invalid or illegal?

 

3 The schedule also states that a 'charge for payment' was served on him on 1st October 2008 - this was never served (ie we did not get one, nor did we sign anything to say we had) - how are these things 'served'? and if it is not served or served incorrectly does it invalidate or make illegal Stirling Parks actions?

 

4 The schedule also states that a 'debt advice pack' was served on the 14th of September 2009. As with no. 3 above, this was never served therefore does it invalidate/make illegal any of Stirling Parks actions.

 

5 We have looked at Council Tax arrears sites and the Govan Law Centre site information said we should apply to the court for a 'Time to Pay Order' and kindly provided us with a generic form for that purpose, which we duly sent off to Dumbarton Sheriff Court. This was returned to us today by the court with the reason being given as "It appears to be incompetant for a court to make a time to pay direction in respect of a summary warrant." - I am now VERY CONFUSED - Can anybody please help?

Edited October 8, 2009 by pixieo5
confused and upset upon first writing

[jasitweb]

SOLUTION:

i had the same problem as most of you on here...

stirling park were rude and cruel and know they hold all the cards and write their own meal tickets...

so how do you deal with them your own way?

 

The solution is to visit the website of money advice scotland,

where i found a list of advisors,

most are CAB but i found a number for an advisor listed as my local council.

 

I called her and she stated she could stop action,

because she was council,

and make a more realistic amount based on my genuine income and expenditure.

 

As far as i know this is the only way to deal with stirling park.

 

Contact the money advisor within your local council

get help with all your debts.

 

My advice is also,

steer well clear of citizens advice,

their wrong advice cost me dearly once.

 

Best of luck everyone and follow this advice asap and you can have some control over stirling park.