Counil tax cleaned out my bank account

Bossyboots

tesuhoha wrote:

I knew they were powerful but I didnt know they had the right to do this.

I have just had a look at this http://scotland.shelter.org.uk/advice/advice-2611.cfm and it explains what the council can do to recover unpaid council tax in Scotland.

As there has been an arrestment to the earnings they must have the relevant summary warrant and as the debt remains unpaid they are entitled to take money from the bank account.

I am sorry I couldn't prove otherwise and my initial thoughts were that this was wrong, but it is clear that the council and the bank have acted within the law so there is nothing to be done.

tesuhoha

Is this the case in England too?

LittleL_4

Yeah do that.... Brilliant! I'm so glad.... :j

Take care

Must dash :eek:

L
xx

Bossyboots

tesuhoha wrote:

Is this the case in England too?

This site http://www.direct.gov.uk/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DebtsAndArrearsArticles/fs/en?CONTENT_ID=10013198&chk=IdpLbU explains the situation in England and Wales. I can't find anywhere there that says they can take money from your bank account in those countries.

lifeslove

I just called the bank again and the woman was so nice. she spoke to her manager and said that they would have given me an overdraft to tide me over but the council tax would have taken that out also, she thinks that it's possible they will just keep taking, even my family allowance on Monday morning

lifeslove

Well I know why no one answering this flippin number the bank gave me, itappears no one there till monday morning, just great, fantastic, probably why they didn't take my money till last night :mad:

Anniek1969

As far as i'm aware they can't take anything from your overdraft as that's not actually your money and once the arrestment has taken place then they can't touch the account again. They can only take what funds are in the account at the time of the arrestment. I might be wrong but i'm sure that's what I was told by the CAB when it happened to me.

Bossyboots

lifeslove wrote:

I just called the bank again and the woman was so nice. she spoke to her manager and said that they would have given me an overdraft to tide me over but the council tax would have taken that out also, she thinks that it's possible they will just keep taking, even my family allowance on Monday morning

You need to speak the council first thing Monday morning and tell them that you have no other money and that they are leaving you destitute by taking money from your account.

Is there any chance of getting your employer to help you out firstly by a loan and then by paying you in cash so that the money is not there to be taken.

I am not suggesting ways for you to avoid your liability but you do need to feed your children so you need to protect your income while you get it sorted.

What about the children's father? Could he not help out?

lifeslove

Kids Dad lost interest about 6 months ago and stopped paying maintenance, I have heard since that he has been off work due to depression and is only getting sick pay, not that I would take anything off him now wanyway. We actually seperated over a year ago and it took him 6 months to get fed up visiting kids.
Heck, just looked at myself in the mirror and my eyes are all puffy and red from crying, fine mess I'm going to look at work later. The loan from work wouldn't work, it's a large company but thanks for the suggestion.
I'm going to try and remain positive and hope that I can appeal to their nice side on Monday and ask if they could just take half and we could reach an agreement about the rest owed, keep your fingers crossed for me.

lifeslove

Just found theis on the National debtline website

What if my bank account is arrested?

A Bank Account Arrestment will freeze your account until you give authority or a "mandate" for release of an amount to cover either the total debt due, or a lump sum towards it. If you don't sign the mandate the creditor can raise a "Furthcoming Action" for the bank to release the funds. If you have been left with no money because of the arrestment e.g. your wages had just been paid into the bank, try to get the sheriff officer to accept a proportion, e.g. 50% of the amount arrested and make them an offer to repay the rest of the debt by instalments. They may insist on you giving them details of your employment so they can arrest your wages if you default. Our pack "Dealing with your Debts" has a section on this