Re: Sheriff officers council tax 2

[as1mov48]

I've just receivedba letter from Scott & Co thretening to arrest any funds in my bank account.

I was under the impression that as ALL of my income consists of my old age pension and PIP as I'm severely disabled that these funds were

immune to any arrestment.

Is this the case?

[Andyorch]

Hi as1mov48 and Welcome to CAG

 

I moved your post and created your own thread...please continue to post here.

 

Regards

 

Andy

[dx100uk]

dunno

but why are you not getting CTAX relief of any kind

are you not entitled to it?

 

 

dx

[as1mov48]

I've received a letter from Scott& Co Sheriffs Oficers in Glasgow stating that they are going to arrest my bank account for 'unpaid council tax'. I'm a disabled pensioner and the only monies I have going into my bank are My pension and Personal Independance payment. Are they allowed to touch Benefits like this?

[as1mov48]

Thank you very much Andy

[unclebulgaria67]

I've received a letter from Scott& Co Sheriffs Oficers in Glasgow stating that they are going to arrest my bank account for 'unpaid council tax'. I'm a disabled pensioner and the only monies I have going into my bank are My pension and Personal Independance payment. Are they allowed to touch Benefits like this?

 

Have you contacted the council about this ?

 

Surely there is a court process, where you can resolve this, preventing any access to your bank account. What has happened so far ?

[as1mov48]

I've applied for council tax relief but I haven't heard from them yet.

 

 

When my DLA was changed to this PIP I lost almost £50 per week as I can make a sandwich to eat,

so I applied for Ctax relief.

Thanks DX

[as1mov48]

Hi,

The letter I've received states that they've been instructed to execute a Charge For Payment

followed by a Funds Arrestment in respect of council tax arrears.

 

 

it goes on to explain how this MIGHT affect my finances and that it's ESSENTIAL that I contact them immediately,

which I haven't, I'll go to gaol first.

 

I've looked at section 187 of the Social Security Administration Act 1992 and Section 5.246 Scottish Law Commission Consideration, they're pretty vague,

 

 

looks as though they either can or can't arrest my pension and PIP if they've a mind.

 

Really puzzling wordage.

[Bailiff Advice]

The way in which High Court debts can be enforced in Scotland is very much different from how they are enforced in the UK. I will hunt around to see what I can find.

[dx100uk]

right so back to the council then

ask them why they have involved the sheriffs when there is an outstanding claim going through.

 

 

how much is owed

and is it just from the [this] next tax year from April gone?

how did you pay before?

[using that extra £50? was it]

and why again had you not been getting CTAX relief? in other years?

seems strange this has just happened

when IMHO you should nrt be paying anything?

unless this is the water element, if that's how you council do it?

[dx100uk]

threads merged

[maroondevo52]

Once a charge for payment has been issued you can apply for time to pay which will allow you to make a repayment plan. It will also prevent Sheriff officers taking further action.

Think you need to answer dx's questions in post #10.

[lookinforinfo]

Pension and benefits are not allowed to be arrested in Britain.

the problem arises with bank accounts since other funds are often also paid into the account

making it difficult to ascertain which money in the account are pension and benefits and which are arrestable.

 

I have included an article from the Govan Law website which explains the situation.

 

You can opt to have yours paid into a Post Office Card Account

the funds from which which cannot be arrested as only Government funds can be paid into it [pensions and benefits].

 

 

It does mean that you cannot pay any cash or cheques of your own into that account

so you could not transfer money out of your bank account into that Post Office account.

 

 

But it is something to consider especially as the Post office opens longer hours than banks,

there are no charges and at the moment there are more Post offices than banks in most areas.

 

http://www.govanlc.com/ssc_cpag

 

PS Although it was written in 2003, Govan Law did say that if people were having problems

having their benefits arrested they could contact Govan Law for assistance.

[Coughdrop]

I know nothing about Scottish law, but have used our friend Google and found a helpful link, in addition to the replies you've already had:

 

https://www.citizensadvice.org.uk/scotland/debt-and-money/action-the-creditor-can-take-s/action-the-creditor-can-take-s/

 

The part I hope you will take some comfort from was this sentence, "If you have a council tax debt you must be offered time to pay it."

 

From reading elsewhere and on this site, I think there is a form for you to complete to be given this time to pay. I have no idea how long they give you, but will keep Googling and post back if I find anything further for you.

 

The other obvious question is do you live in Scotland? It is not unknown for one jurisdiction to try to enforce for a debt in another one. It's worth just checking.

 

Here's another helpful link - it looks quite good:

 

http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/paying_council_tax/council_tax_arrears

 

Hope it helps.

[as1mov48]

Listen Guys, You've given me a cornucopia of information, I thank you all sincerely.

After I've digestedit I will contact Govan Law Centre and plead my case to them.

When I get a result (for or against) I WILL post all the relevant details and links etc, hopefully it'll

help some othersthe way you've all helped me.

 

Wonderful response to my problem, I wish I'd know about this forum years ago

[as1mov48]

Thanks dx100uk,

Yes I believe it's the 'water element' when I receive word back from my claim for CT Relief I'll be able to see if this is the case.

I was getting some CTR not total relief as my Pension credits & a small company pension (£55 a mnth) were taken into account, but when I lost the £50 a week from PIP, and as my situaion had changed (as regards to ability to pay) I submitted

a CTR form, still waiting for a reply.