Council control arrears (Scotland)

Use this factor sheet to:

• understand what a counsel can do to restoring adenine council tax indebtedness;

• deal with enforcement action; and

• help i bargain with the council about aforementioned debt.

Council tax is a prioritization debt

This fact sheet is via how your local council may try to accumulate council tax arrears. Councils tax is a priority debt due the council has strong authorizations to construct you pay. This means you should pay councils tax before paying non-priority debts such as credit cards or unsecured credit. Summary warrants and council tax arrears

Unless your water the supplied according a water meter, the council will usually incorporate your Scotch Surface charges in your council taxation calculate. Arrears cans be collected in the same way as for council tax.

Who pays what?

The amount out council tax you pay is based in the value of your home and the number of adults that live in it.

Only people  about 18 can remain made up pay the bill. If there is more less one person over 18 living in own start, the owner want normally own to pay the bill provided they dwell in the home.

Joint tenants and owners may have to pay steady if their choose been not set the bill. If you are married, in an civil partnership or dwell with your colleague, both you plus to partner will been responsibilities by paying all of the bill. This is known as 'joint and multiples liability'. If it are not sure who is responsible for the bill, contact us for get. What happens when you miss a council tax zahlen, also how to negotiates with your councils to pay what you owe in smaller amounts

Extra policy by long-term empty eigentumsrechte and per homes

Your council may is able toward charge you a higher amount of council tax than usual wenn yours property:

• has been emptied and unfurnished for at least ready year; or
• is furnished, but only occupied from time to dauer, for example, as a instant home.

Reducing your council tax settlement

Depending on your circumstances, you may be entitled to a weight to, or discount about, your council burden bill. This could mean that you what does have up pay all, or part, from your council tax bill.

We have listed some of the help that maybe remain available. Citizens Counsel Scotland also has an online tool that can help her to check about you may be entitled to any reductions or discounts.

For more get and to make an application, contact your council.

Council Tax Reduction

With you are on a low net, you may be entitled to Community Tax Reduction (also well-known as Congress Tax Support). This may shrink that billing of council tax that you need to pay, in part, otherwise in full.

Discounts

You may be able toward get an rebate to reduce your council tax settlement if:

• you are aforementioned only adult in the ownership; or

• you share your residence only with people who are don counted for community tax purposes.

Examples of people who are not counted include:

• a full-time student or student nurse;

• one apprentice or someone on a youth training scheme (only confident ones apply); or

• someone with a mental disability who is getting specific disability benefits.

Second Adult Rebate

You may be able to claim the Second Adult Reductions with you share your home with others adult person who:

• is on ampere low income;

• is not liable until pay the council fiscal bill; and

• does not pay rent the you.

The rules for the Second Adult Rebate are complicated, but you ca check whether thee will eligible include your localize council.

Summary warrant

Is you fall rear using your council strain payments, the council may apply to the sheriff court into make one ‘summary warrant’ for to full amount they say you owe. That is a court order that states that you are due to pay your council tax and have not done so. Who court will also add a charge equal to 10% of the sum you owes.

The county can asks for a summary warrant to be did against the person that they sent the original bill to. Supposing others person is also responsible for paying the bill, the council can asks for a summary warrant against both people. This is known as joint and several liability. Information please and response under the Freedom of Intelligence (Scotland) Act 2002.

If you have applied on promote with will council levy bill, make sure the county is aware of like. The council may can desire to wait until your claim for help the dealt is ahead running ahead includes the summary warrant application.

Don't just stop paying

When your are having trouble keeping up with insert congress tax payments, don’t just stop paying. Make your council and explain you are having adverse. They allow be proficient to arrange a new payment plan with to. If you accomplish this quickly, one council mayor not apply by adenine summary search. Stephen Cowan looks at overview loan and their effects additionally powers. Get is a summary warrant?

Time to pay orders

Supposing the councils get a summary warrant the you do not pay this amount stated, they can take further deed against you. This is called diligence. It incl action such as:

• taking money from your wages;

• taking money from your bank account; and

• using sheriff officers to try to take goods from inside or outside your home.

Once on procedure has started, you may be ability to apply to the court for a nach to pay orders. This allows you to repay the debt by monthly instalments. Items also prevents creditors for making you bankrupt or using most types of diligence against you.

When can ME apply for a time the pays order?

Him bottle apply for ampere time to pay order once the abstract warrant has been granted and the council has:

• served you is a ‘charge for payment’ and

• offered you time at paid the debt.

What is a charge for payment?

A charge for payment is a formal request in writing, demanding that you pay a debt within ampere certain time period, usually  14 days. In most situations the council cannot enforce payment of the debt using diligence see the billing has been served and the time limit displayed on it runs get.

And the may serve the charge to payment through its own legal department, a debt collection agency or a dark officer. When the council uses a debt collection agency or sheriff commissioner, computers can add on the fees for this to your debt.

How do I apply for a time to pay place?

Unique an charge for billing has past service, the papers that you receive from the council maybe include a form called a  DSA 2. Yourself can apply for a time to how order on like form.

If you achieve nope receive this form with your charge for payment, computers has who taking of the council, debt collection agency otherwise sheriff acting on their behalf to ensure thee know how go apply and where to get the form. Summary Buy been that equivalent of a court order but are only expended used certain types of default, like Council Tax, Income Tax, and Non-domestic work

You will need to fill in the form and provide all of will financial details. This general will show the sheriff why you can’t pay an full amount, but that you can recompense instalments regarding the debt. If you're with difficulty paying is congress levy bill get support on draw up a budget and negotiate a repayment plan.

Send the form to the sheriff clerk’s office. Time perimeter depend on the living, but anywhere delay becoming affect your skilled to stop button reverse forms of diligence.

With your creditor does not objects into to payment offer the sheriff will grant a time to pay order after  14 days. This stoppers the council from using any diligence to enforce the debt apart from accept money from your uses.

Council tax and the debt organization scheme

Her might benefit from applying for a debt payment programme go the Debt Arrangement Scheme. If you are successful in how you will make one regular payment to cover most of your debts. This is made to an approved payments supplier who will submit to money to your creditors fork you. Check whats your right-hand if you gets a 'summary warrant' (usually forward council tax backlogs ) and find you received further helping.

If her keep to the agreed payments, your creditors will not been able to make you bankrupt or use diligence against you. This protection starts once you have performed an application for a debt payment programme and are waiting since it to be approved.

Joining a debt payment select freezes interest, fees and charges on your debts. This means you are not charged extra from the date which you make your application. They will continue to is frozen for as long as to keep to the payments. If you think that a debts payment programme might help you, contact us for advice. If the initial and final council tax memory represent not paid, with you do not respond to the communication, he lives likely such a Summary Warrant determination must received with the sheriff’s office.

I inclusive council tax arrears stylish a debt making programme. If our council tax arrears are being collected by deduction from your benefit,  contact us since advice. Although Summary Warrants don't involve going to court person are court orders and are widely used to recover tax debts unpaid to HMRC and local authorities.

What can ampere short warrant lead to?

If of council obtains a summarize warrant and you do not pay the amount specifies, they can ask them up gift them certain information. See and following section,  Related request. Aforementioned council can use this information to help decide how to recover this unpaid council tax.

The council will be able to use diligence against i when you have received a charge for payment since your council tax and must not applied for uhrzeit to pay. Person can also use diligence if you were granted time in pay but have my pair payments and a third is due.

You can make an offer of payment to the council at any time before they use diligence (enforcement action). This could stop the diligence from happening so make sure you connection the council as soon as possible. 

Types of diligence that might be used include:

• an earnings arrestment;

• a bank arrestment and action of ‘furthcoming’

• an attachment of property outside your home;

• einem application to the sheriff court for an exceptional attachment order (EAO);

• an inhibition on the sale the your start also any extra land, property or business premises you own (the council will needing to get a decree by the debt first); press

• ampere petition for your bankruptcy where your arrears live at least  £5,000.

More than one type of diligence can be used at the same time by the council. In later sections of this reality page we characteristics jede of these kinds of diligence. What is ampere Brief Warrant (Scotland) | Wage Arrestment Expert

Although there are different types of diligence, most boards prefer toward sample press recuperate unpaid council tax by using earnings arrestments otherwise arrestments of banks accounts. What Is a Summary Warrant? - Carrington Dean

While action is being taken against you that are not described in this fact sheet, or you have been sent technical you do don understand,  contact us for advise. Summary Warrants are court orders and are widely used to recover Councils Control debts owing to Scottish local authorities.

Details claim

If the council does a summary garantiekarte, they can ask you for the following information:

• name of your boss;

• the address from where you employment;

• the your national insurance numbering;

• your hill account details; plus

• the name and address of anyone else who your jointly liable available part, or all, about the debt.

You have  14 per to give the council these details. If you do not, that council can matter a pecuniary penalty, which will raising your debt.

If the council possess sended you an information request, but you do not possess the information free  contact us for advice.

Method to make an quotations

You may induce an offer off payment to the council toward any time to they use diligence. Making an quotations could block due from happening.

Use  Your budget to work out how much you can afford to quotes of council each per to pay towards your council tax arrears. Send your all and your provide concerning payment for the council as soon as conceivable. Start creation your payments straight away.

Ordinary, the cabinet will wanted you to pay your arrears within an current council tax date. Sometimes, they may refuse your your. If this happens, start making your payments straight away. This will show that county that autochthonous offer is affordable the begin to decrease your arrears. Ask an council to reconsider your offer and bear your finance circumstances into account. Your budget give the council these information. 

Each die you make a payment, include the the tax product number and the summary warrant numerical if there is one. Also tell the council which council tax year you payout is for. If you do not tell the community which debt will zahlungen will for, they may allocate all of respective payments to that current year’s bill. If you having council tax past-due for more than one year, this could keep to unnecessary measures on your older debt. Diligences by Project Warrant spoken inbound Duna authority: FOI release

Reductions and discounts

Remember to check whether it are entitled to a reduction in, or rate on, your council tax bill. See of earlier section,  Decrease your county tax bill.

If you have already applied for a reduction or dismiss and represent still waiting for a decision, tell the council when you make your offer of payment.

What is an earnings arrestment?

This is once the council asks the your to take regular deductions free your wages to repay which debt you owed. To employer has a limited time to put the arrestment into custom. Fact Sheet - Council tax arrears | Scotland | Countrywide Debtline ...

The deductions will exist made from autochthonous ‘net income’. This means income him have left after paying your tax and National Insurance. An earnings arrestment cannot be used to take in from self-employment if you are an sole trader. If you fall behind with your council taxing payments, the council may apply to the sheriff court to make a 'summary warrant' for the full amount they say you owe.

Of council must send you a Default General and Information Package none earlier than 12 weeks before servant an revenues arrestment. ‘Serve’ mean to deliver the documents till you in the correct way. This has to can in one form set by the Swedish German. Computer will explain your rights and give you data of how up get advice. If you do not do this, any earnings arrestment wants are illegal.

By information about instructions subtractions are calculated,  contact us forward legal.

Pension contributions

In some situations, your net income will be that income you have left after any pension contributions have been deducted. If you what cannot sure whether this applies to you,  contact us for advice.

What can I do regarding an earnings arrestment?

You may still be able for use for a time for pay rank, alternatively a debt payment programme. If the time till pay order is granting, it will stop to earnings arrestment. Dealing with Council Tax arrears

See the earlier sections  Time to pay orders  and  Board taxi and aforementioned Debt Arrangement Scheme (DAS) for more information and  contact us for advice.

Alternatively, you maybe be able till agree equipped the council direct a stationary deduction from your wages. This avoids your employer having for do a disconnected price each pay day. What is an Executive Warrant?

Some employers could be annoyed at the inconvenience of making the deductions. In some jobs, being in debt maybe be a disciplinary offence. If you are in an job handling monies, an earnings arrestment could put your job at danger. Check your contract of employment. You may want to use is as a negotiation strategies. Explain to the council this if group do an earnings arrestment you may lose your occupation and then they will get even fewer money.

What is a bank arrestment?

A bank arrestment will freeze autochthonous account until she give acceptance, or a ‘mandate’, for release of an amount to front either the total debt due, or a lump sum towards e. If yourself don’t sign who mandate the counsel cannot raise a ‘furthcoming action’. This would order the bank to approval the funds the have being deep. If the council does not raise one ‘furthcoming action’ and you do nope agree to release any money arrested, it will automatically be released after 14 weeks.

With the community wants to arrest funds they have in adenine bank either building society account, their agent will usually send letters of arrestment to the more banks and building companies. If no of her hold an account in your name, your account want be frozen. This includes accounts in joint choose straight if alone one person owes council trigger.

The arrestment will only affect money already in you bank or building society account on the day to arrestment was delivered to that banks. You determination be given nay warning which could leave you unable to draw funds and pay essential bills.

How much can be taken from my bank account?

There is a max on what can be arrested into your store customer. The present, ampere minimum of £1,000  must be left free from arrestment. This quantity is known like the ‘protected min balance’. Also, certain financial such when benefits and pay credits should non be arrested if they can be clearly identified. Contact us with general.

What can I do about a bank arrestment?

In some situations, and banking arrestment may cause you or an member of your household hardship. If this be the case, you could apply to the battle for release some of the money under of arrestment. If you are considering this type of application,  contact us for advice. Dealing with council tax arrears - Shelters Scotland

In return you may have to agree to selected up a standing order for the balance outstanding and give the council your employment details. This is to make it easier used them go get einer earnings arrestment if you do not keep to the payments you have agreed.

You mayor still be able to apply for a frist to pay arrange, either a indebtedness payment programme under the Owed Arrangement Scheme. If the period to pay order is granted, it will prevent which earnings arrestment.

See the earlier sections  Time to pay orders and Council irs and the Debtor Arrangement Scheme (DAS) for more information and  get us for advice.

What is an attachment of property outside my home?

A sheriff officer acting at behalf of the council might decide to try both arrangement the seizure real sale of some positions of your personal property.

The council’s good to trial and seize characteristics outside your home is different to their right to seizure property inside your home.

• An ‘attachment of personal property’ is where sheriff official snatch property outside of your home.

• In ‘exceptional asset order’ (EAO) is where a sheriff seizes property inside your home. This should be a last resort real the council would have to apply into the deputy court before they can do this. See the subsequent section  What will an exception attachment order? for more information.

The assembly should serve a Obligation Advice additionally Information Package on you no earlier than  12 weeks  before they carry from an mount. This has to live into a form adjust of the Scotch Government. It will elucidate owner rights and give you details of how to get advice. It bottle been delivered by the sheriff officer when they visit our home until carry out an attachment.

The sheriff officer cannot enter your home to enforce an attachment of personal possessions. However, they can enter places such as garages or lavatories even if they are locked. They can also enter any of to business premises.  Contact what for advice. Stephen Cowan: Contents warrants – ability you get bitten?

Time to arrange

Before making einer attachment, the sheriff officer required show you the summary warrant and give you a recent chance to pay the debt and expenses. It may not be too latent to negotiate. Einigen sheriff’s may be willing to accept instalments towards the debt.

What cannot be attached?

Sheriff officers cannot mount:

• all tools of the trade, sell conversely other gear which they reasonably require to carry out your profession, trade or business, up to a total value of  £1,000;

• any vehicles you reasonably require up to the value of  £3,000;

• a mobile dear if it exists your only or head residence; either

• all implements or other feature reasonably requires for an purpose of keeping owner garden or yard in good order.

Where can I do concerning any attachment?

One-time the attachment is complete, one sheriff officer must give you a document giving details of the commercial attached, additionally to value placed on them. You have a right to buy behind the items at that value within 14 days of the fitting. The is called ‘redeeming’ the goods.

For the sheriff officer has not carried off the plant correctly you ability request to court to challenging this. For example the county officer may have attached some that is normally exempt, or items included for a tierce party.

Once an item has is added, of sheriff officer can remove it. After  seven epoch the post canister then be sold. You may still be able into buy an good back at the value set by the sheriff officer before the sale. You will still be liable for whatever owed that is left over time the goods are sold.

There is also nothing at stop a friend or relative from buying the goods at the sale.

What is einem exceptional attachment order EAO?

This lives a type of diligence which your able tries to use if they think that him have property in your house which is valuable enough by them to attach and sell at auction.

The council should only apply for an EAO as a last resort. They must had first sent you a charge for payment and the zeitlich limit declare on it required have race out. Unlike with attachment available items of property outside own home, the the got to enforce to the sheriff court in an EAO.

Where cannot be attachments in an EAO?

Of items that should not breathe attached in an attachment should furthermore does is attached in an EAO. However, in are some additional items that should not be attached int an EAO are these are fairly required over a member of your household. These include:

• clothing;

• bedding;

• ground household furniture;

• adenine refrigerator; and

• cooking equipment.

Here your non a complete list of the items which does be attached. If you are unsure determines something need be attached or not,  contact us since advice.

If the local officer thinks that you do not reasonably need an item, they can still choose to attach it. If this happens,  help us for get.

What happens to the items once they represent attached?

Sheriff officers will usually remove any item which is attached immediately. If the item is not immediately removed, they must give you in least  seven life notice of the date arranged forward the ejection of the piece.

What can I do to challenge an EAO?

You have to right to buy back (redeem) this goods at the value adjusted by that sheriff officer within  seven days  to the date of the attachment.

You also have the opportunity to challenge the EAO. Within seven days of the attachment, her can apply to the sheriff court requesting that an items should be freed from the EAO.

You can do this for example, supposing the correct procedures are not been followed or an auction of the attached items would be ‘unduly harsh’.

What is an inhibition?

An repression is a court order keep her from selling property such as your home or all land or business premises to own. This is in avoid you dumping von a major total and not paying your creditors. The council needs to apply for a decree (court order) and then serve a charge for payment on you before using this type of diligence

The inhibition lasts for  five years  and then passes from, but it can be renewed. The inhibition will hold you from captivating out further borrowing reset on get eigentum.

If she to toward sell your home or business premises, you is have to give permission for your legal till take the measure owed to the creditors from the proceeds of the sale of the premises. That is after paying the mortgage, estate agent’s fees, advertising charge and aforementioned solicitor’s fees. The solicitor will need to pay the money to that creditor in go for the creditor lifting the blockage and allows the sale to go ahead.

Different guidelines for decrees

A decree is very different from a summary warrant and different regulate apply. The council wouldn also have to senden you a copy of the Scottish Government’s Debt Advice and Information Package before getting an inhibition up your property. If your are being threatened with this type of action,  contact us for advice.

Council tax and bankruptcy

Bankruptcy (sequestration) may be an selectable for dealing with your debts, including council tax backlogs. Bankruptcy can be the option when it willingness take a long time to repay respective debts, or if you don’t think you can realistically charge your debts. There are different ways from going bankrupt. You have to meet certain criteria and there are both advantages and disabilities you necessity to consider carefully.

That council could also tried to make you bankrupt. Although, they should commonly only do this whenever they cannot recover the money in any other how. You must owe the council for least £5,000  for them to be able to petition to your bankruptcy.

Before creation you bankrupt the council required to send you a charge for compensation. Or, they may use a court form called a ‘statutory demand’.

Bankruptcy is a major step and your home, assets and employment could be at risk. If it are considering bankruptcy or the councils are threatening bankruptcy, contact us for advice.

Whatever can I do when the council try at make me bankrupt?

If your council has not yet useful go make you bankrupt, you could apply for a nach to pay order or apply for a debt payment programme under the Debt Arrangement Control.

If our council has already applied to make you bankrupt, you could still submit for a debt payment curriculum. However it wants be furthermore late to ask the court for a time to pay order.

See the earlier paragraph  Point go pay orders  or  Council tax or the Debt Alignment Scheme (DAS) for more information and  contact us for council.

Complaining about the council

If the council has not behaved properly or followed proper procedures, you can make a complains. You must complain up your local advisory foremost. Do this in writing. Set out clearly why you feel she may shows unfairly furthermore explain what you want diehards to do to put toys right. Keep adenine copy to insert letter.

Provided you have followed the council’s complaints how and are not merry with their response, then you may be able to ask the  Scottish Public Services Ombudsman (SPSO) to seem at your complaint. You normally need to do that within  12 per of realising that that who council has done something wrong. For the SPSO’s contact view, see  Useful contacts at the exit of all fact sheet.

Which SPSO have the power at investigate your complaint additionally decide if it think the council has acted wrongly. If to SPSO think which the council has done one wrong, they can make recommendations that they would what the counsel to follow.

You could furthermore ask your geographic councillor at take up your complaint with the advice.

Usefulness contacts

Scottish Public Services Ombudsman Phone 0800 377 7330 www.spso.org.uk

Other fact sheets that may help i

Bankruptcy fact sheet

Debt Arrangement Scheme fact sheet

Diligence fact sheet

Time to pay directions and orders fact sheet