Sheriff officers council tax

[mis-stress]

Hi

I have been paying off council tax debt for about 5 years through Scott and Co.

In March I sent them a letter to give them my change of address and to inform them that because of the move my financial circumstances have changed and I would have to reduce my payments from £15 per month to £5 per month. (I am currently on Income support due to poor health and they know this when I had to reduce my payment plan from £50 to £15 a few years ago and because I just retold them)

I received a letter from them on the 1st or 2nd of June (dated the 31st May) to say that I was in arrears and that I may be visited at home or had 'wages' arrested by the sheriff officers.

I wrote them a letter to state that my payment of £5 had been coming out of my account every month with no problems and that I had explained my circumstances to them. I also included proof of my benefits and a budget sheet which I got from national debt line. I posted this on Wed 6th as obviously the post was on hold over the Jubilee crap.

 

This morning (7th) the sheriff officers came to my door to issue a bill of what I owe, with an addition of £70 'fee' which I am meant to pay within 7 days.

They told me to take it up with scott and co (they even had false information that I still worked for a company that I left 4 years ago, which scott and co must have on record as they have been informed about my benefits several times) they didnt really explain any of it to me until I took the bit of paper and read it when they had gone.

 

I phoned Scott and Co and they told me that they issued a letter on march 27th saying that my offer of £5 was unacceptable and it is still unacceptable until I prove my income etc. Well I cannot do that until they receive my letter (which should have arrived today) which has all the info which I sent them. I was advised to phone back on Monday to 'discuss setting up my payment plan'. I know that because of my finances £5 is a reasonable offer. the budget sheet and benefit letter should cover that and they will have to accept it.

As it was a standing order (which I control) the money has gone in without their 'consent' apparently. Yet it has still been paying off my debt so I am curious as to where I stand.

I have never been a 'slippery fish' with them since they caught up with me (misspent youth in a 5 bedroom flat yada yada) and I have paid them off every month for 5 years. I am really shaken up!! (not just because they are bully boys but because I have an anxiety disorder and have been ill all day since this happened)

 

I have a few questions:

 

1: Who gets the £70 fee/charge and can I dispute it? Who should I be challenging about that?

2: Can they really say that my payment plan has been cancelled or in arrears when the £5 has been paying off my debt every month?

3: If I have had no letter since I wrote to them re change of address and circumstances until I receive the warning letter in June and the money has been accepted up until the 30the may can they justify their actions? (legally I know they have no morals or soul)

4: Usually the letters give you 7,14 or 21 days before action is taken. Although the 'warning' letter did not state this can the sheriff officers come at any time? (in this case only a few days after being sent the letter from scott and co?

5: I know that they make money from intimidating people and making up the rules as they go along (eg demanding you make an itnital lump sum payment when legally you don't have to if its not within your means) but isn't there any sort of code that means that they should provide you with everything you should know about protocol when giving change of address/details etc so that people know the correct procedures and don't get nasty surprises like this? Every other bank/credit/finance company etc hits you with the terms and conditions and your responsibilities as a customer when you sign up, how is this any different? Have people no rights at all?!

 

I am going to C.A.B tomorrow but if anyone can help me in the meantime I would be really grateful thank you. Sorry for length just thought I would be thorough!

[Joemcm35]

The following information applies to all firms of sheriff officers who are collecting council tax or any other debt.

 

Sheriff officer fees which are derived from debt enforcement (ie bank arrestment, earnings arrestment, attachment, etc) are regulated the the following http://www.legislation.gov.uk/ssi/20...0110432_en.pdf

 

Sheriff officers must hold a Consumer Credit Licence when collecting debt, and they must adhere to the Office of Fair Trading debt collection Guidance: http://www.oft.gov.uk/shared_oft/bus.../OFT664Rev.pdf

 

In general this guidance states that when collecting debt they have to treat debtors fairly; be transparent when dealing with debtors; exercise forebearance with debtors exercising difficulty; and act proportionately when recovering debts given the debtors circumstances.

 

Mis-stress - you have grounds to make a complaint under the OFT Debt Collection Guidance. In the first instance make the complaint quoting this guidance. if this is not resolved to your satisfaction then you can complain to the Financial Ombudsman Service who can investigate the complaints as debt collection comes under the Consumer Credit Licensing:

http://www.financial-ombudsman.org.u...complaints.htm

 

Your local CAB or local council money advice service should be able to assist you.