Scott & Co going back on agreement for Council Tax debt

[asksid]

Newbie here, hope someone can help

 

Without realising I missed the May 2012 Council Tax monthly payment. I was made redundant about then, so was a stressful time.

 

Next thing I know there's a Summary Warrant on 1 August and Scott & Co phoning me to pay them. Not sure how there can be a warrant against me without my defending myself?

 

I told Scott & Co that I wasn't happy paying the surcharge (I would have paid off the Council Tax in Feb not Jan 2013), but proposed making an immediate payment to cover the missed month and the remaining 5 payments by monthly Standing Order. They agreed and sent me a letter saying they agreed to my proposal.

 

I telephoned them again a few days later and they again agreed to the total 6 payments, and I confirmed the arrangement in a letter to them.

 

The 6 payments meant I would pay the Council Tax, but not the surcharge.

 

I set up the Standing Order and forgot about it.

 

Then out of the blue, on 20 March 2013 they sent a letter saying 'despite our previous reminder' (there was no reminder) ... 'your repayment remains in arrears. Your repayment programme has now been cancelled ...'

 

Can they make an agreement, which pays off the Council Tax, and then once the agreement has been completed come back and cancel it and demand the surcharge?

 

Sent them a letter on 27 March pointing this out to them, and on the same date got a Charge from them, where they have added 'other outlays ...' of £93.70, which is a lot to add to a disputed £133. Can they increase the amount owed just like that?

 

Should I argue it out with them, complain to the Council, Financial Ombudsman - or just pay up before they keep adding more?

 

Any advice would be useful.

[maroondevo52]

Hello and Welcome,

 

When you say Scott and Co sent you a letter agreeing to your repayment proposal did they mention the surcharge being dropped in the letter.

 

The Council do not tell you they are applying for a summary warrant and you are not given the opportunity to negotiate with the court before it is granted. The summary warrant is granted automatically and you will only know about it when you receive a copy of it in the post.

 

There is an automatic penalty of 10% if a summary warrant has been granted against you.

 

I'm also not sure where their 'other outlays' comes from.

[asksid]

Hello and Welcome,

 

When you say Scott and Co sent you a letter agreeing to your repayment proposal did they mention the surcharge being dropped in the letter.

 

Thanks.

 

No, that's true they didn't, they just said we agree to your payment proposal. Though as the payments were the same as the previous monthly payments it should have been clear.

 

So you think I will need to pay the surcharge, but perhaps not the 'other outlays in connection with service of Charge'?

[IdaInFife]

The council automatically apply the surcharge when passing to the SO's and is not negotiable.

 

If you had contact the council prior to them passed the debt they would have accepted the same plan without the surhcarge