Council Tax Advice For New User

[Haggislegs]

Firstly let me apologize if I have placed this in wrong section.

 

Some brief information to start with.

 

I live in Scotland (If it makes a difference) and have resided in my current property for nearly 20 years ,the last 10 years of that being and currently am the sole person on the mortgage details.My council tax has been paid in full (no single person discount) to my local council

 

Just over a year and a half ago my girlfriend moved in with me when her youngest moved to live with her ex husband.

 

A few weeks ago she received a warrant notice for her time at previous residence (prior to her moving in with me we lived in different council areas)

 

This notice has advised that bailiffs will be attending my home within the next few weeks for the outstanding amounts (I do understand that this is the initial notice and the sum is not large £200 or so)

 

I know my girlfriend will have to try sort out where the outstanding amount has came from (appears to be something to do with working tax or housing benefit) but at present she is getting the "will call you back/supply details" with no follow up run around. So Im not trying to excuse or ignore the debt

 

My question is where do I stand with this? I really dont like the idea of ,worst case scenario items that I have worked long and hard to collect being warranted for something that is not my debt or my kids consoles and laptops being itemized if they gain entry when I am at work.

As my girlfriend moved from a pre furnished house nearly everything was purchased prior to her moving in by myself or family.

From little bits I have read partners items cant be taken if proved they do not belong to the person owing the debt,I dont keep last weeks messages receipt or goods warranties unless they give me more than statutory minimum so there is no chance of me having receipts for two or three years ago

 

Any advice would be appreciated

[i hate bailiffs]

The bailiff fees charged in Scotland are slightly different

 

In simple terms they can NOT levy on goods that do not belong to the debtor so your goods should be safe

 

you do not need to let the bailiff in regardless of what they say

 

Regarding the council as you have found out telephone calls get you no where from now on in writing

 

marking it Formal complaint across the top should/will get a response

 

If you are to pay the debt do so direct to the council

[Crocdoc]

Council tax debt is joint an several and therefore either party or both can be pursued, however if your girlfriend was staying in your property during the period claimed under the Summary Warrant and you can provide proof, her liability could then be questioned. To do this you should take the matter up with the local authority making the claim. Even if some liability does exist Sheriff Officers or the local authority wil normaly come to a payment arrangement without enforcing the warrant.

 

Household items in such as computers, furniture, childrens toys or electrical goods cannot be attached (Poinded being the old word in Scotland.) In the worst case scenario the Sheriff Officers would seek arrestment of wages or bank account (First £415 Ring fenced)

 

I would strongly suggest that you make contact and explain the situation.

 

Please note that WE DO NOT HAVE BAIlLIFFS IN SCOTLAND and the role of Sheriff Oficers varies considerably from that of enforcement officers in England and Wales.

 

I hope this information is of assistance

Edited March 13, 2013 by Crocdoc

[Crocdoc]

The bailiff fees charged in Scotland are slightly different

 

In simple terms they can NOT levy on goods that do not belong to the debtor so your goods should be safe

 

you do not need to let the bailiff in regardless of what they say

 

Regarding the council as you have found out telephone calls get you no where from now on in writing

 

marking it Formal complaint across the top should/will get a response

 

If you are to pay the debt do so direct to the council

 

Sorry but refusing entry to Sheriff Officers with a warrant is Scotland is a NO NO, However they cannot attach household goods.

[Haggislegs]

Thanks both of you but Im getting conflicting information here.

To clarify, prior to my girlfriend moving in she lived in her own house with her youngest daughter and received appropriate working tax credits and housing benefit,I was not registered on her rental details in any shape or form and did not stay at the property

I lived in my own home (in different council area) and neither she or anyone else was or is registered on my mortgage details,so I paid my full tax amount to my council and she had whatever her amount was paid by benefits to her council.

We were dating not partners or married

 

The letter received is a notice of enforcement and does not state details only a total and a paragraph stating that they will attend week commencing and a failure to attend will result in enforcement of summary warrant.

 

We have it seems figured out where the amount comes from and it appears the person she private rented the house from has said she was staying there longer than she actually was and this is something we or she will have to deal with direct from council as the enforcement notice gives no dates

[Crocdoc]

Summary warrant procedure for enforcement of tax (income, VAT, roads), national insurance, council tax, tax credit overpayment and community charge debts for which a summary warrant was granted before 1 April 2008

 

6 If the client has a summary warrant that was granted before 1 April 2008, the creditor has to pursue the debt under the procedures that changed on 1 April 2008. The changes are that a charge for payment has to be issued before any enforcement action can be taken and if the debt is for council tax the client has to be offered time to pay the debt.

What authority does a sheriff officer need to enter a client's property

 

2 A sheriff officer needs authority from the court to enter a client's property. This could be contained in an extract decree, in a writ registered for execution, in an exceptional attachment order or in a summary warrant -see paragraph below.

3 If the sheriff is enforcing a payment for rates, national insurance, income tax or VAT debts, a summary warrant is obtained as the authority on which the sheriff officer can act. It must serve a charge for payment but the client will not be given time to pay the debt.

4 The sheriff officer must show the relevant documentation giving her/him authority to enter the client's property and must exhibit her/his identity card if asked to do so.

 

 

In addition the following items may not be the subject of an exceptional attachment order:-

• beds or bedding
  
• household linen
  
• chairs or settees
  
• tables
  
• food
  
• lights or light fittings
  
• heating appliances
  
• curtains
  
• floor coverings
  
• furniture and equipment for cooking, storing or eating food
  
• refrigerators
  
• articles used for cleaning, drying, mending or pressing clothes (for example a washing machine, iron)
  
• articles used for cleaning the house
  
• furniture used for storing any of the following:- clothes, articles used for cleaning the house, utensils used for cooking and eating
  
• articles used for safety in the house
  
• tools used for the maintenance and repair of the house or contents
  
• computers and accessory equipment
  
• microwave ovens
  
• radios
  
• telephones
  
• televisions
  

If you feel that liabilty exists contact the local authority and come to an arrangement.

[Haggislegs]

Thanks for that Crocdoc it explains what required and what can be attached if they do enforce the summary warrant , but do you have or can you point me to the information where it states what classed as jointly liable as the section you supplied states several times "clients property". This property is solely mine as my GF has no liability for it in any shape or form ,be it mortgage payments,current council tax or insurance and was not even at this address during the period they chasing for. We have not been residing together long enough to be classed as common law man and wife.

If she walked out this afternoon the status quo of house would not change in respects of bills and taxes.

 

she will be taking both your and I hate,s advice in relation to contacting Authority over the outstanding amount as it does seem it as I stated above,the private landlord passing wrong information to enable him to re-let house with council tax free period

[Crocdoc]

Sorry, the term joint and several applies to your girlfriend and her former partner, you have no liability whatsoever in this case and anything belonging to you cannot be attached. I would emphasise the point that I have never seen the process of attachment used in these circumstances, despite what the letter states, this is merely a tactic used to obtain a response.

 

My personal opinion is that if your partner comes clean and makes some kind of offer towards the liability, then that will bring the matter to a conclusion. Never confuse Sheriff Officers with debt collectors or Bailiffs as they are an entirely different beast and in most cases they are quite reasonable to deal with so long as you show willingness to cooperate. I see no need in this case for any form of Diligence (Enforcement Action) particularly as the debt is relatively small.

[Haggislegs]

Thanks again to both of you for taking time to answer and my apology, it was my bad in putting bailiffs down instead of sheriff officer in first place, was just bit narked to face possibility of a legal house invasion for something that was fault of another (not GF she was as wound up as me)

Will be taking the advice and getting to bottom of it with hopefully an amicable outcome

[maroondevo52]

Thread moved to Scotland Forum.