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Advice regarding time to pay order (Scotland)

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  • Advice regarding time to pay order (Scotland)

    I'm not sure if I'm posting in the correct forum, please accept my apologies if I'm not.

    A few years ago I made a few mistakes and bad decisions and ended up with a load of debt. However, up till now I feel I've managed the debt well and my circumstances are changing for the better. I'm on track to have the last of my debts paid off within the next 12 months.

    Over the last few weeks I've seen 3 friends made bankrupt by the local council over council tax arrears and this worries me. Over the last 11 years I've literally worked my knuckles to the bone to reduce my debt from £97000 to £12000 (of which £9500 is owed to the council for council tax arrears). While I'm not aware of any plans for any creditor to make me bankrupt, I have to admit it would be devastating if it did happen, especially considering the hard work I've put in to clear the majority of my debt and knowing that I can have the remaining debt cleared within the next 12 months at the most.

    I've done a bit of reading online and looking for more information regarding requesting a time to pay order. Would I be right in thinking that if a time to pay order is granted then neither the council or Sheriff officers can take any further enforcement action as long as I'm sticking to my end of the deal?

    This is where it gets complicated, I applied for a time to pay order in 2010 and stupidly I didn't stick to the agreement. I've read somewhere that a time to pay order could only be applied for once, could somebody confirm if that is during a tax year or would it be acceptable to apply for another time to pay order now? The council tax debt I originally had a time to pay order for has been settled, the balance I have the now is made up of tax debts that came later although I was still paying the original council tax debt when some of the new debts came around. The account numbers have changed too so I'm not sure if a new time to pay application would be considered or it would be considered the same account.

    Would anybody know if there's a limit to how much is owed before a time to pay can be applied for? I've noticed some websites say that the debt must be less than £5000, other websites don't have a limit.

    If a time to pay can be applied for, what I was considering requesting is that I pay £40 a month with the remaining balance to be settled within 12 months (12 months is just worse case scenario). My debts won't rise during this time. What are the chances that this would be accepted?

    I'm sorry for the long winded post.

    Any advice would be greatly appreciated.
    Last edited by User Name; 11th October 2019, 15:44:PM.
    Tags: None

  • #2
    A TTP Order can only be made where there is a court case. Sequestration is usually the avenue pursued when someone wilfully refuses to pay.

    Have the Council in question obtained a summary warrant against you? If not, then I would continue to pay as you are. Due to the timescales involved in sequestration, you will know well in advance of any proceedings.
    ----- DISCLAIMER -----

    I am a former trainee Sheriff Officer who became disillusioned with the Scottish legal system so left the industry. I will offer insights from my first-hand experience, but *I am not a legal professional and you should always seek independent legal advice before acting on anything I say*.

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