Summary Warrant has been granted against me in error CTAX

[kirstyo]

So I was nightshift last night and woke up this afternoon to a letter from scott and co telling me that a summary warrant has been granted against me for unpaid council tax, thing is I don't have any unpaid council tax. I did have a small amount last year but that was paid off months ago.

 

I called the council in a rage who told me there was no one available to speak to me but that my account was showing as up to date and they couldn't understand how this had happened, i could wait 45 mins (!) on hold or call back later. So I called back later and they have recalled it from the sheriff officers but are refusing to take the 10% court fee off it. The council are claiming there have been two late payments on the account and this is why this has happened, the first in April which I accept as I went on holiday and forgot to pay it before i left (i pay with a swipe card) so the payment was a week late, they claim a second late payment in june which i dispute but cannot prove, they say it was paid on the 4th rather than the 1st, surely even if that is true it falls within the seven days they give you to catch up with a late payment? I dont understand why if this allegedly happened in june am I just hearing about it now? Why didn't I get my second reminder letter from the council? How can a summary warrant be granted against someone whose account is up to date? and is there anything I can do about it? I am not happy about paying the extra 10% at all but at least they have recalled it from Scott and Co so I wont need to deal with them. Is it even worth fighting them on it or should I just pay the 10% extra and forget about it.

 

Also they assure me this will not affect the mortgage I am hoping to get in the next few months, the bank have already told me I can have the mortgage I am just saving the deposit, please tell me they are right?

[maroondevo52]

Hi kirstyo,

 

I'm not sure what's happened to your reminder for your second missed payment, you should have received one.

I also think it's three payments you have to miss before they can apply for a Summary Warrant, I'd think it's worth your while getting back onto the council and arguing your case to have the 10% surcharge removed.

 

Regarding your Mortgage, it should not affect it in any way.

 

When the council apply for a Summary Warrant for Council Tax the Local Authority takes a large bound file to the Sheriff Clerk with details of all the Council Tax accounts that the Council wants to pursue. The Sheriff signs a covering letter which allows the 10% surcharge and lets the Council do "dilligence" on the debt.

 

There is no individual record held by the court.