Hi piper

Only debts calculated up to the date of signing are included. Council Tax will normally calculate the balance to that date, submit a claim and calculate the remaining balance due by you for the remaining period.

I would have assumed Council Tax people would have been in contact in sometime in the 3 year period after signing to advise of arrears before proceeding with an earnings arrestment.

Mark

Piper,

I'm sorry to hear about this.

If I understand correctly you entered in to a TD in 2010, correctly thinking that council tax arrears would come in to the deed along with your other debts? The TD was protected and 3 years down the line you have been served with an arrestment of earnings? Can I ask what period the debt relates to? Is it per or post TD? What was the advice of your trustee at the time of signing in regards to maintaining ongoing council tax throughout the TD period?

Only arrears up to and including the date you signed your TD are included. Imagine it as drawing a line in he sand. Anything pre comes in to the TD as a debt, anything post is your responsibility to maintain.

Td was signed in November 2010 as I was in arrears I lofat option of paying monthly and had been asked to pay year in lump sum when filling td forms company told me to add full amount aswell only over last month had comunic

Hello piper.

It seems unusual that you haven't received correspondence on this from the Council in the years since your signed your trust deed.

Have you moved in the intervening period?

After signing the trust deed how long was it before you began paying Council Tax again?

You can find more information about council tax arrears and trust deeds at:

https://www.trust-deed.co.uk/council-tax-arrears-debt.html

Had problems setting up direct debit
with council after the end of the 2010/2011 year
but payments are up to date since beginning
of the 2011/2012 year and sry we have not moved house first '
Correspondence from council was sheriff's officers at the door
Foned td company whilst they were there and was guven
Same advice 2010 year was all covered by td.

There seems to be a discrepancy here piper.

As Mark and Rob have stated only the amount owing at the time the trust deed was signed will normally have been covered by the trust deed.

It sounds as though you should have been advised to make arrangements to pay the remainder from the council tax allowance that was presumably included in your "income and expenditure".

Was there an allowance to carry on paying the remainder of the year's council tax when you started the trust deed?

You may need to contact your trustee personally to confirm the position given the advice that you have received over the telephone.

If the right to pay by instalment had been lost by Nov 10, would that not not mean that whole of 10/11 could be included in the debt as the whole of 10/11 was due at the time of signing?

The Council Tax (Administration and Enforcement) (Scotland) Regulations 1992 Section 22.

Obviously Mark and Rob will have experience of how this is applied in practice and from their replies it sounds like there is a cut off at the date of signing.

It seems to be it was either in or you should have been given a revised notice for the remainder of that year.

I had the same thought Bert Rudge.

It will be interesting to hear again on that from one of our experts. More importantly piper should check the understanding of his/her trustee on the same issue.

if I had been told I would have paid the remainder of year just find it hard to accept that even after letter from sheriff's officers was passed on to trustee I never got a call to say I needed to pay this my fault for not being clued up enough to understand the ins and outs of td. basically at time of signing td was stressing out and just glad to get help but anyway to late to get anything changed so have resigned myself to the fact I'm going to have to pay only bonus is 2 months and it will be paid

It must be very frustrating piper.

Don't be shy of demanding answers from your trustee as to why this has happened.

update td company have still not returned phone call(nearly a week) ! received another letter from sheriff's officers amount changed , wages arrestment lifted although that was because my wife's employers say that she doesn't work there ??? good news amount dropped slightly and fixed payment plan without any problems

Do you think it will all be manageable now piper?

hope so made arrangement for £50 a month will get by , be tight but needs to be done

Hi Piper - apologies for not replying to your post sooner, I've not had internet access for a couple of weeks.

As others have said, local authorities will normally recalculate a person's liability from the date of the signing of the trust deed for the remainder of the council tax year, but this period remains payable.

Having said that, there are some councils that seem to take the view that Bert Rudge mentions above, ie that full amount for that council tax year is included as it is all due and payable at the time of signing. However, I don't believe there is any right to expect it to be viewed this way and it does sound as though your trustee should have explained this more clearly to you at the time.