Readers Questions

1. 

   John

   Hi

   Am I still liable for a council tax debt thats over 20 years old. I received a letter a few days ago regarding an unpaid amount of £68 Council tax from a company called Walker Love saying we owe money from over 20 years ago. I’d appreciate any help you can give. I am from Scotland. This is really stressing me out. Thanks for reading this email.

   1. 

      Scottish Adviser Post author

      Hi John

      In theory you could be. A Council Tax debt will normally last 20 years, but the 20 years can still running again everytime a payment is made to the account, or the Council make was is known as a relevant claim by executing a wage arrestment or a bank account arrestment, or carrying out another form of Diligence.

      I would contact the Council or the Sheriff Officers and say you want to dispute the debt if you think it has become Statue Barred and request evidence from them of when the last payment was made.

2. 

   Mr Smith

   My Moratorium was registered on 19th October 2020, i received the charge for payment from Sheriff officers that day also. I could not see a date that the earnings arrestment had been obtained, i assume it would not have been that same day as it stated i had 14 days to pay in full.
   There is a date of 9th November that i assume was when the arrestment was obtained, so definitely after i had registered the Moratorium.
   After contacting the sheriff office they have stated they do not have the authority to lift it and they are no longer involved with the case, strange? As you say it will fail anyway as i am not employed by the address it was sent. The Sheriff office is now ignoring my emails as to why they cannot undo there actions. I will wait for the outcome from the SMASO.
   Thank you for your advice with this

3. 

   Mr Smith

   Thank you for that and for the quick response, very much appreciated, so I have received a copy of the arrestment today to my home address through the post, the address they sent the arrestment to i am not employed by, also i contacted them to ask why it was served during the Moratorium there reply was as follows:

   We thank you for your recent email, however do not have the authority to withdraw the Earnings Arrestment. We would suggest that you make direct contact with our instructing agent regarding this matter. We have returned all documentation back to them and no longer have any involvement in this case.

   I have made a complaint to SMASO as I am not happy with there reply, do you think it was justifiable?

   Thanks again!

   1. 

      Scottish Adviser Post author

      Hi Mr Smith

      Basically, they may have thought you worked there and took a chance not realising your relationship is not an employment one.
      Also, I suspect they never checked to see if you were on the Register of Moratoriums, this is common, though they should.
      The law is clear. It is not competent to execute diligence whilst a Moratorium is in place, so their actions had no legal authority to do what they did as the Moratorium stops that.
      It is their responsibility, therefore. They are Officers of the Court and must act lawfully when executing their duties. By serving a wage arrestment whilst you had a Moratorium in place they acted wrongly.
      The Arrestment will fail as you are not an employee, but make sure you also don’t get lumped onto your debt the expense of them carrying out the arrestment.
      Hope it work out. I am hopeful SMASO will resolve it.

4. 

   Mr Smith

   I wondered if you could help? I received a Charge for Payment order from Sheriff officers on 19th October 2020 giving me 14 days to pay outstanding. As I am not in a position to pay in full I registered a Statutory Moratorium on the same day for some breathing space

   I have since been sent a wages arrestment

   should the Moratorium have stopped any further action?

   Thanks in advance for any advice, it is very much appreciated and I hope to hear from you soon

   1. 

      Scottish Adviser Post author

      Hi Mr Smith

      If your Moratorium was active they were not allowed to execute another wage arrestment during the live period of the Moratorium.
      They should have checked the Moratorium register, but if they didn’t, they should lift the arrestment and refund any money taken immediately.
      They should also remove any fees attached. The best thing to do is check the register for your Moratorium and send them a print out from it.
      You can check it here.
      Ascertaining the date the arrestment was executed should be easy as it is on the Schedule of Arrestment your employer was sent.
      If you are having difficulties finding your name on the Register, email the Accountant in Bankruptcy, they should be able to confirm whether it was registered or not.
      If the Sheriff Officers refuse to lift the wage arrestment, make a complaint to their professional body the Society of Messenger at Arms and Sheriff Officers (SMASO).
      If they have arrested your wages whilst a Moratorium was in place what they have done is illegal.
      Ultimately if you don’t get a resolution, and I am sure you will at the SMASO stage if not before you can complain in writing to the Sheriff Principal of your local Sheriff Court. Mark your email for the attention of the Sheriff Clerk. Visit the Scottish Courts website to find details of your local Sheriff Court.
      If the Moratorium was not active they may have been allowed to arrest your wages. However, there are ways of getting wage arrestments lifted. See here.
      Also Moratoriums are only temporary so you should seek advice from your local advice agency as soon as possible to find a permanent solution.

5. 

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6. 

   Lee

   Hi

   I Work in United Arab Emirates (UAE) and took out a UAE loan. I was made redundant due to Corona Virus and Oil prices.

   I can not settle the UAE loan, so believe they can hire a UK solicitor to chase the debt

   My wife is the homeowner and the house is in her sole name. My question is can our house be repossessed for my debt? If the mortgage is not paid then understandably it can be repossessed.

   Everything has been paid and is ok in life, but unfortunately due to the sudden loss of employment due to Corona Virus things are going to Spiral out of control and I am not going to be able to pay outgoing’s.

   My main concern is the house for my wife and 3 kids. As I have a low payment mortgage, we can manage to pay this and I am seeking new employment.

   The downside is if the UAE register me with Interpol, I can never leave Uk without potentially being arrested due to UAE debt, regardless of the amount and face deportation back to UAE and possibly Jail. Theey pay Interpol millions to register it as fraud, which is not legal, but UAE way of doing things.

   Any advice on mortgage would be useful as my wife is the sole owner, but we are married and living together.

   I certainly never thought I would be in this position for sure and find it upsetting.

   1. 

      Scottish Adviser Post author

      Hi Lee

      I am sorry to hear your situation.

      The debt is potentially recoverable in the UK and I have dealt with a number of UAE Loans in the past.

      Basically, they would need to register the debt for enforcement in Scotland and there are international laws that allow them to do this. They would need to employ UK lawyers, but I am aware some UAE Banks do this.

      In terms of it being catergorised as fraud, I cannot comment on this or Interpol, as I have never come across this before. Certainly if you were to return to the UAE, you could be subject to their laws.

      However, in regards to how the debt is recovered here, it must be done in accordance with Scots Law.

      The basic principle is no one can be held liable for your debts. There are a number of exceptions to this rule if you die, but I cannot see your wife’s house being affected by any of these if the house has been in her sole name for more than 5 years.

      If you were even made bankrupt or signed a Protected Trust Deed, your wife’s home should not be affected.

      I would recommend getting personalised advice as soon as possible, as this debt is potentially recoverable and as you cannot settle it, it’s best to get ahead of the curve.

      I have a number of links on my site that can direct you to where you can obtain advice.

      I hope this helps.

7. 

   Scottish Adviser Post author

   Please feel free to ask any debt related questions you have.

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