Council Tax Debt

toffeepoppet

Hey everyone,

I'd really appreciate any advice on this but I first have to put my hands up and say I let things slip and this is all my own fault. It's character building and I'm learning from it!

I lived in Scotland and fell into some Council Tax arrears over two years. One year I owed £300 and the following year I owed £400. I stupidly panicked and thought I could ignore it and got hit with a wage arrestment on the first years amount due. This was then cleared.

I've moved to London and just become self-employed. I've been paying the debt collector/sheriff officer £50 a month for the past few months towards the second set of arrears. The online form that I've been filling in every months asks for all my contact details - account number, full name, address, phone number etc so I've been open with them about my whereabouts. I became self employed on the 5th of August and on the 7th August my previous employer received a letter saying my wages would be arrested stating my old address but correct account number.

They are saying I didn't give them my 'current' whereabouts or contact details so they sent a letter to my old address saying I had one more chance to pay or they'd arrest my wages. I didn't receive this letter but at that time I was paying them money to that account and providing them with my current details through their own online payment system on their own website. I have kept all email receipts.

My main question is, as I'm now living in England and also self-employed can they arrest my 'wages'? I understand wage arrestment is from Scottish law and could only happen if you were in employment. The letter is dated 7th August and my last day was 5th August.

Can anybody give me any advice as to what my options are between the differing laws in both countries? I have been paying them each month and will continue to do this but they are saying it's my fault it's gotten to this stage as I haven't made any effort to provide them with my whereabouts but I've been providing them with it every month. They've taken my money and updated the amount owed so how could they not have seen my information?

Any advice would be greatly appreciated!

Thanks in advance!

FireWyrm

I dont know what the law is in Scotland and it's even worse now you are south of the border. I suspect that you will not be allowed to 'escape' them, but this lot might be worth a call, if only for information.

http://www.insolvencyhelpline.co.uk/trust_deeds/insolvency_helpline_scotland_debt_support_team.php

This also makes interesting reading :

http://www.consumeractiongroup.co.uk/forum/showthread.php?159475-Buchanan-Clark-amp-Wells-Glasgow-City-Council-Council-Tax-Arrears

See this :

http://www.debtquestions.co.uk/debt_forum/viewtopic.php?f=16&t=23305

timbstoke

If you're self-employed, there's no real practical way for them to arrest your wages anyway. England has an equivalent called an Attachment of Earnings Order, but I'm not sure if the two are interchangable or not - I would suspect that a Scottish judgment couldn't be enforced in England anyway, but since you're paying them, I'm confused as to why they're even threatening.

Write a firm letter to them, enclosing copies of your email receipts, and pointing out that valid and up-to-date contact details were provided through their own website when each payment was made. Tell them that if they wish to go to court, you will defend your position, and also remind them that as a self-employed person living outside Scotland, a wage arrestment would be a waste of everyone's time. As they're getting paid anyway, I really can't see them being daft enough to take it further.

CIS

England has an equivalent called an Attachment of Earnings Order

AOE's for council tax purposes cannot be issued to the self employed.

toffeepoppet

Thanks very much guys! I've phoned the company and was told I didn't 'actively' inform them so I've sent the letter today with the email receipts and will phone them early next week for a response. I'll let you know what happens!