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Council Tax Summary Warrant and BC

Posted: Tue Jul 12, 2011 12:02 pm
by sellotape
I am looking for some advice and information regarding citizenship and council tax arrears which already been subject to a summary warrant (Scottish law)

I'm a British citizen and my wife will be applying for BC very soon after living in the UK since 2006, however I have just found out that I have a summary warrant from an old council tax bill from 2009.

After trolling through every council tax demand letter since 2008 I found out it's in my name only.

Since December 2010 I got my wife's name put on the council tax bills for the purpose of applying for credit and proof of address.

Now i received a reminder of the old outstanding council tax bill which says "at summary warrant" and the letter was in both our names.

After researching this - I found out some interesting information below regarding summary warrants..

"This information shouldn't appear on your credit file. With a Summary Warrant for Council Tax the Local Authority takes a large bound file to the Sheriff Clerk with details of all the Council Tax accounts that the Council wants to pursue. The Sheriff signs a covering letter which allows the 10% surcharge and lets the Council do "dilligence" on the debt. There is no individual record held by the court."

If this is true then I will not need to include any information on the citizenship form? Or would it be best to play safe and explain the summary warrant was in my name only and only recently my wife's name was added?

I am aware of section 7.9 http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I would appreciate your help with this matter and thank you for information and advice given.

Kind Regards

Posted: Tue Jul 12, 2011 12:13 pm
by 99minus8
hello

I am not familiar with Scottish Legal System, but assuming it is similar in regards to council tax of the English legal system, pls be assured you have little to worry about. A liability order ( i am using english law terminology) is not a ccj, hence shall not adversely affect your wife's chances anyhow.
I have been recently approved with a liability order against my name ( it was made in error and matter cleared)...What i did : mentioned it in a cover letter and included a letter from the council ( email) that the issue was resolved so there is nothing adverse against me. I do not think it was necessary, yet I thought i would disclose it just in case...
Moreover, I think if you wife's name was added AFTER you got your order, it should not come up against HER NAME, even though you may still reside at the same address
That been said, if you are worried-mention this info otherwise you may regret not explaining everything whilst you wait for a decision.
Hope it helps and good luck
x

Posted: Tue Jul 12, 2011 12:53 pm
by sellotape
Thanks for your reply.

To be safe I will explain situation on my wife's application form. I don't want to regret anything later by not mentioning it and casting doubt on the whole application.

Kind Regards

Posted: Tue Jul 12, 2011 1:19 pm
by Jambo
Was in a similar situation. Declared it (although not really required) and attached a letter from the council confirming the account is up to date.