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Buchanan Clark Wells - help!

I hope some one can help.
My OH is being hounded by BCW by letter and phone for and amount of @ £3k which they say is unpaid council tax from an address he lived in until 1992. Now, firstly, prior to 1993 in Scotland we were paying community charge/poll tax so why are they stating its council tax?
Secondly, 2 years ago, my OH was made insolvent and took out a trust deed. All his financial affairs are dealt with by a trustee/insolvency practitioner and he has written to BCW on our behalf stating that all communictions should go via him. They have completely ignored this and continue to phone and send letters.
Can they take us to court as they are threatening? I thought that the nature of a trust deed meant that this couldnt happen. I've never dealt with this before and I would be really grateful for any advice.
Cheers!


you will always be rich enough to be generous.

Comments

  • di3004
    di3004 Posts: 42,579 Forumite
    jintyb wrote: »
    I hope some one can help.
    My OH is being hounded by BCW by letter and phone for and amount of @ £3k which they say is unpaid council tax from an address he lived in until 1992. Now, firstly, prior to 1993 in Scotland we were paying community charge/poll tax so why are they stating its council tax?
    Secondly, 2 years ago, my OH was made insolvent and took out a trust deed. All his financial affairs are dealt with by a trustee/insolvency practitioner and he has written to BCW on our behalf stating that all communictions should go via him. They have completely ignored this and continue to phone and send letters.
    Can they take us to court as they are threatening? I thought that the nature of a trust deed meant that this couldnt happen. I've never dealt with this before and I would be really grateful for any advice.
    Cheers!


    Hi there

    Sorry to hear of your issues here.
    Never-in-doubt left me some great links with templates, which you should also find a good help, check my thread out here:
    https://forums.moneysavingexpert.com/discussion/2496379

    I also believe that BCW are also to do with Apex Credit Management as well, think they have a few of these companies on the go.

    Do check out my link though with the info left by Never-in-doubt.

    Good luck.;)
    The one and only "Dizzy Di" :D
  • woody01
    woody01 Posts: 1,918 Forumite
    Council Tax can never be 'written off' as far as i have read here.
    Same as it cannot be Statute Barred or included in Bankruptcy.
  • jintyb
    jintyb Posts: 1,763 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    woody01 wrote: »
    Council Tax can never be 'written off' as far as i have read here.
    Same as it cannot be Statute Barred or included in Bankruptcy.

    Thanks for the reply, I am aware that council tax cannot be statute barred, but we had no knowledge of this alleged debt until about two months ago therefore OH could not disclose it to the trustee to be included in the trust deed. Even if he could not include it in the deed, legally he would have needed to inform the trustee of its existance . He has to provide a statement of financial affairs every 6 months to the trustee so there is proof that he does not have any spare cash to pay another creditor.
    I hope this makes sense - I reckon he might end up sending a prove it letter to BCW, although our trustee has advised him to ignore all communication from them.

    Im grateful for your advice, thanks


    you will always be rich enough to be generous.
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