Scott and co threatening sequestration over CTAX debt

[clarabelle123]

Hi everyone,

I was wondering if someone knowledgeable in the field could offer some advice

 

Scott and co have recently sent me a letter stating that due to the length of time I have owed

and the size of the debt they will apply for sequestration.

No specific dates.

 

I emailed them (as previous experience has put me off phoning) and

firstly asked them to break the debt down.

They let me know there is some from 2008-2009,

some from 2009- 2010 and

some from 2010-2011.

The total amount due is £3400

 

I then emailed back asking if they would accept repayment in instalments.

The reply came saying yes but they would like payment in full before the new council tax year starts.

 

I mailed them right back saying that was unreasonable,

it is more than my household income in that time and could they suggest a more appropriate arrangement.

 

They then replied asking for a phone number which I politely refused to give.

 

Their next offer was for me to pay a lump sum and then monthly installments.

 

So again I asked what figures they are suggesting.

Half the amount due as a lump sum and then £200 a month.

 

I have emailed back stating I could pay £600 lump sum and then no more than £100 a month.

 

So my main questions are as follows.

 

Can they apply for sequestration if i get the debt under £3000? I understand that's some kind of threshold.

 

Can they refuse a payment plan without having done any affordability questions first?

 

Surely arrestment of earnings should be their first step anyway?

 

If they are going to apply for sequestration will they have to advise me of this, like a date and give me a final chance to pay?

 

I'm a bit worried as do own my home , if I was still renting I would be telling them where to go...

 

thanks in advance xx

[citizenB]

Will send S.O.S out for you.

[citizenB]

This is Council Tax, yes ?

[clarabelle123]

Oh it would have been helpful if i had said that, yes council tax!

thankyou

[citizenB]

Oh it would have been helpful if i had said that, yes council tax!

thankyou

 

I thought it probably was.. I just wanted to be sure so I asked the right people to look in on you.

[clarabelle123]

I thought it probably was.. I just wanted to be sure so I asked the right people to look in on you

appreciated

 

[ploddertom]

I'm not that all au fait with how things work north of the border but there are surely some things that are the same, with that in mind have you checked with the Council for the exact sums owing - I appreciate there may be the Sheriffs costs on top - just to make sure they are not trying to take you for a ride. Here is what I would suggest is asked of an English Council:

 

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

[maroondevo52]

Hi clarabell,

 

What's the history of this, I take it you have recieved a 'charge for payment' you can apply for 'Time to pay'.

We need a bit more detail of what's happened with these arrears in the past regarding any payment plans you have already had with the Sheriff's ect.

 

There's a 'link' here for the Time to Pay details.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?185249-Have-you-received-a-charge-for-payment-arrestment-summary-warrant-%281-Viewing%29-nbsp

[clarabelle123]

Hiya,

Thanks for the replies. Yep summary warrants have been raised on each years council tax.

I'm afraid I've been completely ignoring it until now.

I have in the past set up payment plans with Scott and co but theyve always bullied me into paying more than i can afford and hence i have let them lapse.

They have emailed back this morning again rejecting my prior offer.

 

It's the sequestration threat that really worries me. Id get the balance under 3000 if that could prevent that possibility. In any case I will read through the time to pay link, thanks.

[clarabelle123]

Oh and also the account is in joint names with my partner but they have the wrong surname for him. How would this affect possible sequestration?

[citizenB]

Oh and also the account is in joint names with my partner but they have the wrong surname for him. How would this affect possible sequestration?

 

Is the property in joint names ?

[clarabelle123]

Is the property in joint names ?

 

yes it's actually in three names, mine, my partners ( correct surname) and a relative.

Edited January 22, 2014 by citizenB
removed formatting codes

[citizenB]

Ah righto.

[sequenci]

Hello there.

 

As Maroondevo has already mentioned, a 'time to pay' can prohibit further dilligence/sequestration.

 

Your other option (especially if you have other debts too), is a Debt Arrangement Scheme; more info here: http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=22_debt_arrangement_scheme

 

The DAS is VERY useful as you can spread the payment over a long time.

[clarabelle123]

Thanks everyone. It looks like Time to Pay is the way forward. I really appreciate your advice x

[IdaInFife]

here is a link in which gives you an idea how much you would have to pay through a wages arresment so will give you an idea of the min to offer

 

http://www.legislation.gov.uk/ssi/2009/395/schedule/made