Direct Debit - unauthorised payment taken

AnotherJoe

Effectively then they ARE duty bound to accept whatever I offer in accordance with common law

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That's self evidently going to be incorrect since if anyone could set up whatever repayment option they felt like the council (or any organisation for that matter) would be duty bound to accept that schedule. Eg "I've decide to pay my bil / council tax at 1p every hundred years".

This is not to say they won't accept your payment of 1p, I'm sure the 1p will come off the total, but it doesn't mean they won't then come after you for what you owe.......... Minus 1p. ��

unholyangel

It may differ down south but up here council tax becomes due at the start of each financial year. Councils will let you pay it over 10 or 12 months but it really becomes due at the start of the year which is why if you miss an instalment and don't pay it within the 7 days they give, the full amount becomes payable - not just the amount due by instalment.

Likewise, its not debt collectors that are sent after you but sheriff officers - whole different kettle of fish.

Now with that said, it can vary across councils but most seem to make a distinction between the can't pay and the won't pay. If you are struggling financially then explain that to the council and give them proof of earnings.

If you're paying it back faster than they would get by doing an earnings attachment then they're more likely to accept your offer.

There was previously a loophole - where they couldn't arrest your wages if you earned too little but when the money was paid into your bank, they could arrest every single penny of it. This has been closed (at least in scotland) with the protected minimum balance.

System

unholyangel wrote: »

It may differ down south but up here council tax becomes due at the start of each financial year. Councils will let you pay it over 10 or 12 months but it really becomes due at the start of the year which is why if you miss an instalment and don't pay it within the 7 days they give, the full amount becomes payable - not just the amount due by instalment.

Likewise, its not debt collectors that are sent after you but sheriff officers - whole different kettle of fish.

Now with that said, it can vary across councils but most seem to make a distinction between the can't pay and the won't pay. If you are struggling financially then explain that to the council and give them proof of earnings.

If you're paying it back faster than they would get by doing an earnings attachment then they're more likely to accept your offer.

There was previously a loophole - where they couldn't arrest your wages if you earned too little but when the money was paid into your bank, they could arrest every single penny of it. This has been closed (at least in scotland) with the protected minimum balance.

The council always use private debt collectors (have no powers) not bailiffs. Actual baliffs do have some powers, but nothing that allows them forceful entry. I'm not sure where you are getting that information about sheriffs, but you are wrong.

Anyway, I'm backing out of this now as I'm not getting the answer to my questions. No point in going around and around talking around the point.

powerful_Rogue

Gold_Anaconda wrote: »

Anyway, I'm backing out of this now as I'm not getting the answers I want to my questions. No point in going around and around talking around the point.

Corrected that for you.

Good luck.

Keep_pedalling

Gold_Anaconda wrote: »

The council always use private debt collectors (have no powers) not bailiffs. Actual baliffs do have some powers, but nothing that allows them forceful entry. I'm not sure where you are getting that information about sheriffs, but you are wrong.

Anyway, I'm backing out of this now as I'm not getting the answer to my questions. No point in going around and around talking around the point.

Nothing new there then

cajef

Gold_Anaconda wrote: »

I'm not sure where you are getting that information about sheriffs, but you are wrong.

Suggest you have a read here

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

Can a sheriff officer force entry

If you refuse to let a sheriff officer, who has the correct authority, to enter your home they can use what they call necessary reasonable force to get in. For example, as long as they have the correct warrant they can force a door or break a lock or a window. You could be charged with breach of the peace for obstructing an officer of the court who has the correct authority to enter your home.

unholyangel

Gold_Anaconda wrote: »

The council always use private debt collectors (have no powers) not bailiffs. Actual baliffs do have some powers, but nothing that allows them forceful entry. I'm not sure where you are getting that information about sheriffs, but you are wrong.

https://www.citizensadvice.org.uk/Documents/Advice%20factsheets/Debt/d-council-tax-arrears.pdf
http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/paying_council_tax/council_tax_arrears
https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/dealing-with-urgent-debts/#h-how-to-deal-with-council-tax-arrears
https://www.nationaldebtline.org/S/factsheets/PDFs/03%20SCOT%20Council%20tax%20recovery.pdf


Is that enough links or would you like me to post another few dozen that all support my earlier post?

powerful_Rogue

https://www.gov.uk/council-tax-arrears

Everything you need to know, including bailiffs.

cajef

Gold_Anaconda wrote: »

. What I need to know is what section of what Act (where does it say they can refuse my payment) Rules are not laws, we must remember this.

As you have been already told if you want acts or laws explained go and see a Solicitor, people on here can give advice which you do not appear to want but not many are legal experts.