( …1989) RATES:
Previous to the introduction of the Community Charge the Council owed
me a substantial Rates rebate. This has never been paid.
COMMUNITY CHARGE:
I could not afford to pay the Community Charge while the Council still
owed me money. I filled out rebate forms for a number of years, but was
eventually told that, as the rates system is now 'closed' I would not
receive anything. In 2001 that story changed to "there is no record of
the debt held by the council".
COUNCIL TAX:
I have always been prepared to pay the Council Tax - but due to the knock
on effect of the previous administrations I was facing huge and unrealistic
demands.
I did make an undertaking in good faith to pay an agreed sum regularly
against my total debt. Within a few days of this Sheriff Officers again
arrived at my door to tell me that the agreement only covered one year's debt.
This meant that they required regular payments, which were well out-with my
means. Both they and I were clear at the time of making the arrangement
that it covered the total amount outstanding.
JANUARY 1999
I was assured that no legal moves would be made without reference to me, as
I was arranging to re-mortgage my house, in order to pay off the debt.
During this process the Council applied for a note of inhibition against
me (Feb/March 1999), and the mortgage fell through.
JANUARY 2000
My large touring exhibition "An Eye For Music / Body & Soul" opened in
Glasgow Royal Concert Hall. One hundred framed, hand printed, selenium toned,
archive quality photographs priced at £350 each.
I was soon informed by GRCH that they had received an arrestment order from
S- & Co, Sheriff Officers, against a debt described as £5,500 (approx).
This meant that I could neither sell the pictures nor move the exhibition.
I contacted S- and Co and was dealt with by Mr N-. I explained that this
action was severely curtailing my ability to earn, was causing me considerable
bad publicity and was stopping me from fulfilling my professional obligations.
From the first I found Mr N- unable to grasp the way in which my business
functions and, in any case, clearly uninterested in any arrangement I suggested.
After quizzing me for some time on what I could afford (£500? - no, £100? -
yes, £200? - yes, £300? - not really, but I'd try) he finally said,
"Well forget it, I want two thousand pounds cash in my hand or not one
picture moves".
I spoke with him on a number of subsequent occasions to try and have them
allow the exhibition to finish its tour, but with no success.
I arranged a meeting with him and took a friend with me as a witness.
Mr N- refused point blank to allow my friend's presence. Eventually he
spoke to me at the public counter. I again attempted to explain my situation
and the professional need to allow the exhibition to continue its tour.
At the end of this time Mr N- simply repeated his original decision and we
had to leave.
The amount of £5,500 appears to be the full charge for the period, including
that for my wife (from whom I have been separated for two years). I have
tried repeatedly to have an appropriate rebate applied to my account but the
Council now claim there are no records of my applications being "followed
through to their conclusion".
END OF APRIL 2000
I contacted Mr. M. C.- MSP, and a number of councillors, I also
agreed to an interview with the Scotsman Newspaper. One of the councillors
told me that he had never paid his poll tax.
Mr. C.- MSP was supportive, as were the councillors, and a newspaper
article appeared, in which the council spokesman claimed a desire to work
things out.
I was eventually told that the only way to release the fifty-seven pictures
required to complete the tour was for me to sign ownership over to the Council.
This I did, as the work was already a week late arriving in Aberdeen. I was
not allowed to take an advisor or a witness with me so there was just myself,
Mr N- and his Superior. Under considerable duress I signed ownership of the
entire exhibition over to the council.
Within a couple of days I received an updated demand from the Sheriffs
claiming the sum owed was now £12,500.
END OF JUNE 2000
Mr N- told me that the Council would be selling off my whole exhibition at
a nominal sum, during auction at a time and place, which they were not
intending to disclose.
Ms. Samantha Scott, acting on my behalf, contacted the Council and obtained
their promise that the work would be sold only at a realistic rate, and that
we would be given advance warning of the time and place. They refused to put
this in writing, so Ms. Scott suggested that sale of the pictures without my
permission would be a breach of copyright. Soon after that a letter arrived
from the Council agreeing that I would be advised if any of the pictures were
to be sold. Meantime I was told that the Council's possession of the exhibition
would not mean any relaxation of pursual of the full amount.
AUGUST 2000
I am currently struggling to keep my business afloat, and succeeding, despite
the enormous damage this has done me. I cannot understand how or why the
Council condones the Sheriff Officers determination to curtail my earning
abilities in order to try and force money from me. The exhibition toured
for 6 months, without any sales being possible.
My wife and I have been on Family Credit then Families Tax Allowance since
this all began. I earn very little at the best of times. To receive demands
which do not consider either the original council debt to me, nor the rebate
I should have been due is unrealistic.
I will simply not be able to pay such an amount. I have asked more than once
that the Council agree a realistic sum with me, which I will immediately start
paying off regularly.
OCTOBER 2000
Papers arrived telling me I owe the council over £15,000 and have twenty-one
days to pay, otherwise they will have me declared bankrupt. This letter arrived
after I let them know that I am arranging a re-mortgage in order to pay them.
They are also now insisting upon immediate settlement of NEXT years tax.
The council now deny any knowledge of my rebate claims over the years, and are
charging the maximum possible, despite clear evidence of my low income and
previous rebate claims.
Nobody will tell me where the exhibition is, or whether it will be returned
to me in good condition, or indeed at all.
JANUARY 2001
I move ahead with the new mortgage plans, with assurances from the Council
that legal action has been suspended. Shortly after this I receive Sequestration
papers, action brought by the Council. I telephone them and am again assured
that no action will be taken until the new mortgage goes through.
MARCH 2001
I telephone the Council to let them know that the re-mortgage application
looks successful and that they will be paid in approximately one to two months.
MAY 2001
Re-mortgage money comes through to my lawyers. Shortly after this they call to
say they have found a note of inhibition against me from the Council, the same
one as before. The money must go back to the lender, seriously jeopardising the
whole loan. I call the Council who now deny that previous conversations took place.
They add that the sequestration action is to go ahead.
MAY 2001
Eventually managed to arrange a high rate re-mortgage with another lender.
Money came through and the Council were paid off approximately £17-18,000.
My mortgage payments are now nearly double what I had been offered by
previous lenders (10.25% rate).
1st AUGUST 2001
Letter from S- & Co Sheriff Officers. They sent previous letter (never received)
authorising them "to return to me various photographs". Would I phone Mr N-.?
I did - he was unavailable.
8th AUGUST 2001
Phoned Council for return of photographs. Nobody is sure where the exhibition
is.
Phoned Sheriff Officers, despite previous letter Mr N- says I have to go and
collect from wherever they have been placed. I suggest that if I have to
collect then it should be from the original place, but they are not interested.
Mr.N- suggests that the Sheriff Officers will deliver to me for a fee. I suggest
we make other arrangements. I await a letter advising me where to go and giving
me permission to collect. None comes.
SEPTEMBER 2001
I phone the Council (18.9.01) and am told that I should have had my work back
months ago. They will be in touch. I specifically request that the letter come
from the council as I have no wish, or reason, to have to deal with the Sheriff
Officers again. Council assure me that they will respond themselves.
(20.9.01)
Letter arrives from Sheriff Officers demanding immediate and full payment of
Council Tax for 2001 (£2,255.00). No rebate.
OCTOBER 2001
I finally get permission to collect Body and Soul (53 photos) from Glasgow Royal
Concert Hall. One glass is cracked, but otherwise the pictures are in near
perfect condition.
I am permitted to collect An Eye For Music (57 photos) from Sheriff Office in
Stirling. Every picture is in poor condition due to basic carelessness in moving
and storing - 37 are ruined. Although well aware of the extent of the damage the
Administrator was unwilling to sign for the damage. Before moving the exhibition
I took photographs showing ill-storage and consequent damage.
9th NOVEMBER 2001
Letter from myself to Council listing damage to pictures and cost. Requesting
immediate compensation as two exhibitions are booked, but the work is unuseable.
Also pointing out that I am still receiving threatening letters in the form of
final demands for over £2000 which has been paid.
17th NOVEMBER 2002
Letter from Artizin Gallery rejecting work on grounds that it is unacceptably damaged
19th NOVEMBER 2001
I phone Council, everyone involved is off ill or on holiday.
20th NOVEMBER 2001
Received letter from Miss A- (Council) saying my last was handed on to Mr A. N-
(Council). She asks for payment of this year's tax, threatening action unless it is
received. She apologises for the other threatening letters and agrees the amount has
been paid in full.
20th NOVEMBER 2001
(Same post as above) Final Demand from the Council for the £2000+ which they have
agreed are settled.
4th DECEMBER 2001
Telephoned Council, spoke with Mrs McC- and others - no way to contact their
superior, who now has my last letter. He will deal with it in time. I am told
they have no phone number for him (though he is head of their dept…) I phone back
and say I have had enough of this carry on and wish to know how to reach the
Ombudsman. I am categorically told that there IS no such Ombudsman. I phone
Margo MacDonald, (Mr M.C.- MSP being unavailable) who is helpful and directs me
to the appropriate Ombudsman.
9th DECEMBER 2001
Letter from Mr A. N- (Council), denying any responsibility for damage to photos etc.
as he points out that the pictures were their property at the time of damage.
FEBRUARY 2003
Letter from S- & Co (Sheriff's Officers) demanding large sums of money for
back tax. I telephone the office, but get no answer. Phone regularly rings
for over ten minutes, and I give up.
I finally phone in the late evening and get an answering machine. I leave a message
asking them to contact me since it is impossible to get through to them. I leave
this message on two seperate occassions, but have never been contacted. I have
still heard nothing regarding my many rebate claims over the years.
4th MARCH 2003
Letter arrives from F.M.McC- advising me that I am to be sequestrated for
non-payment of Council Tax (2000-2001).
I phone them to explain that S- & Co won't answer phone or return calls.
I am told that 'F.M.McC-' is the 'Legal Wing' of S- & Co,
(Sheriff's Officers).
I am given three working days in which pay £2,371.91 or I will be sequestrated.
Finally I am told that if I pay £235 in that time and pay off the rest in nine
monthly instalments proceedings will be halted.
5th MARCH 2003
Another letter arrives from F.M.McC- advising me that I am to be
sequestrated for non-payment of Council Tax, this time the sum is £4626.91
although no mention was made of this during my previous day's phonecall.
Feb 2004
Finally have remortgage in place, having found out that previous lawyer had given
out erroneous info on my finances to previous lender. This time I make sure all
info and problems are in the open. Royal Bank of Scotland are very understanding
and move things along quickly. A letter arrives from the Council saying I owe
£4,200 for 16 months of poll tax which remained unpaid from 2001 - 2002. All later
money is being paid regularly by direct debit. No-one can make sense of the high
figure, but my lawyer points out that if I don't pay it the council will declare
me bankrupt. They actually can do that it seems. Through my lawyer I agree to pay,
but request an idea of how much I need pay in instalments. While they negotiate
the council put the case to court and I have no optionbut to find and pay the money
immediately. On approaching the council to make sure all paper work will get to my
conveyancing lawyer in time, I am informed that I will first have to pay £450 in
"Expenses". When I point out that I have had no prior invoice or warning of this
charge I am told 'off the record' that no paperwork will leave their office until
I settle up this new sum. When I ask what it covers i am adviced that it is for,
amongst other things, Sheriff Officer's delivery charges. As the documents were
never delivered this seemed strange. I called my lawyer who agreed with me that
this charge should be waived, and that the rest of the bill was approximately
double what it should be.
I had no choice and paid it.
The new mortgage came through, though the extra £8000 I was relying upon to see
us over the next few weeks was effectively spent on the council yet again.
Approximate cost of the council's always extremely dubious actions over the years
over a disputed £8000 debt?
An incredible £76,000
( …1989) RATES: Previous to the introduction of the Community Charge the Council owed me a substantial Rates rebate. This has never been paid. COMMUNITY CHARGE: I could not afford to pay the Community Charge while the Council still owed me money. I filled out rebate forms for a number of years, but was eventually told that, as the rates system is now 'closed' I would not receive anything. In 2001 that story changed to "there is no record of the debt held by the council". COUNCIL TAX: I have always been prepared to pay the Council Tax - but due to the knock on effect of the previous administrations I was facing huge and unrealistic demands. I did make an undertaking in good faith to pay an agreed sum regularly against my total debt. Within a few days of this Sheriff Officers again arrived at my door to tell me that the agreement only covered one year's debt. This meant that they required regular payments, which were well out-with my means. Both they and I were clear at the time of making the arrangement that it covered the total amount outstanding. JANUARY 1999 I was assured that no legal moves would be made without reference to me, as I was arranging to re-mortgage my house, in order to pay off the debt. During this process the Council applied for a note of inhibition against me (Feb/March 1999), and the mortgage fell through. JANUARY 2000 My large touring exhibition "An Eye For Music / Body & Soul" opened in Glasgow Royal Concert Hall. One hundred framed, hand printed, selenium toned, archive quality photographs priced at £350 each. I was soon informed by GRCH that they had received an arrestment order from S- & Co, Sheriff Officers, against a debt described as £5,500 (approx). This meant that I could neither sell the pictures nor move the exhibition. I contacted S- and Co and was dealt with by Mr N-. I explained that this action was severely curtailing my ability to earn, was causing me considerable bad publicity and was stopping me from fulfilling my professional obligations. From the first I found Mr N- unable to grasp the way in which my business functions and, in any case, clearly uninterested in any arrangement I suggested. After quizzing me for some time on what I could afford (£500? - no, £100? - yes, £200? - yes, £300? - not really, but I'd try) he finally said, "Well forget it, I want two thousand pounds cash in my hand or not one picture moves". I spoke with him on a number of subsequent occasions to try and have them allow the exhibition to finish its tour, but with no success. I arranged a meeting with him and took a friend with me as a witness. Mr N- refused point blank to allow my friend's presence. Eventually he spoke to me at the public counter. I again attempted to explain my situation and the professional need to allow the exhibition to continue its tour. At the end of this time Mr N- simply repeated his original decision and we had to leave. The amount of £5,500 appears to be the full charge for the period, including that for my wife (from whom I have been separated for two years). I have tried repeatedly to have an appropriate rebate applied to my account but the Council now claim there are no records of my applications being "followed through to their conclusion". END OF APRIL 2000 I contacted Mr. M. C.- MSP, and a number of councillors, I also agreed to an interview with the Scotsman Newspaper. One of the councillors told me that he had never paid his poll tax. Mr. C.- MSP was supportive, as were the councillors, and a newspaper article appeared, in which the council spokesman claimed a desire to work things out. I was eventually told that the only way to release the fifty-seven pictures required to complete the tour was for me to sign ownership over to the Council. This I did, as the work was already a week late arriving in Aberdeen. I was not allowed to take an advisor or a witness with me so there was just myself, Mr N- and his Superior. Under considerable duress I signed ownership of the entire exhibition over to the council. Within a couple of days I received an updated demand from the Sheriffs claiming the sum owed was now £12,500. END OF JUNE 2000 Mr N- told me that the Council would be selling off my whole exhibition at a nominal sum, during auction at a time and place, which they were not intending to disclose. Ms. Samantha Scott, acting on my behalf, contacted the Council and obtained their promise that the work would be sold only at a realistic rate, and that we would be given advance warning of the time and place. They refused to put this in writing, so Ms. Scott suggested that sale of the pictures without my permission would be a breach of copyright. Soon after that a letter arrived from the Council agreeing that I would be advised if any of the pictures were to be sold. Meantime I was told that the Council's possession of the exhibition would not mean any relaxation of pursual of the full amount. AUGUST 2000 I am currently struggling to keep my business afloat, and succeeding, despite the enormous damage this has done me. I cannot understand how or why the Council condones the Sheriff Officers determination to curtail my earning abilities in order to try and force money from me. The exhibition toured for 6 months, without any sales being possible. My wife and I have been on Family Credit then Families Tax Allowance since this all began. I earn very little at the best of times. To receive demands which do not consider either the original council debt to me, nor the rebate I should have been due is unrealistic. I will simply not be able to pay such an amount. I have asked more than once that the Council agree a realistic sum with me, which I will immediately start paying off regularly. OCTOBER 2000 Papers arrived telling me I owe the council over £15,000 and have twenty-one days to pay, otherwise they will have me declared bankrupt. This letter arrived after I let them know that I am arranging a re-mortgage in order to pay them. They are also now insisting upon immediate settlement of NEXT years tax. The council now deny any knowledge of my rebate claims over the years, and are charging the maximum possible, despite clear evidence of my low income and previous rebate claims. Nobody will tell me where the exhibition is, or whether it will be returned to me in good condition, or indeed at all. JANUARY 2001 I move ahead with the new mortgage plans, with assurances from the Council that legal action has been suspended. Shortly after this I receive Sequestration papers, action brought by the Council. I telephone them and am again assured that no action will be taken until the new mortgage goes through. MARCH 2001 I telephone the Council to let them know that the re-mortgage application looks successful and that they will be paid in approximately one to two months. MAY 2001 Re-mortgage money comes through to my lawyers. Shortly after this they call to say they have found a note of inhibition against me from the Council, the same one as before. The money must go back to the lender, seriously jeopardising the whole loan. I call the Council who now deny that previous conversations took place. They add that the sequestration action is to go ahead. MAY 2001 Eventually managed to arrange a high rate re-mortgage with another lender. Money came through and the Council were paid off approximately £17-18,000. My mortgage payments are now nearly double what I had been offered by previous lenders (10.25% rate). 1st AUGUST 2001 Letter from S- & Co Sheriff Officers. They sent previous letter (never received) authorising them "to return to me various photographs". Would I phone Mr N-.? I did - he was unavailable. 8th AUGUST 2001 Phoned Council for return of photographs. Nobody is sure where the exhibition is. Phoned Sheriff Officers, despite previous letter Mr N- says I have to go and collect from wherever they have been placed. I suggest that if I have to collect then it should be from the original place, but they are not interested. Mr.N- suggests that the Sheriff Officers will deliver to me for a fee. I suggest we make other arrangements. I await a letter advising me where to go and giving me permission to collect. None comes. SEPTEMBER 2001 I phone the Council (18.9.01) and am told that I should have had my work back months ago. They will be in touch. I specifically request that the letter come from the council as I have no wish, or reason, to have to deal with the Sheriff Officers again. Council assure me that they will respond themselves. (20.9.01) Letter arrives from Sheriff Officers demanding immediate and full payment of Council Tax for 2001 (£2,255.00). No rebate. OCTOBER 2001 I finally get permission to collect Body and Soul (53 photos) from Glasgow Royal Concert Hall. One glass is cracked, but otherwise the pictures are in near perfect condition. I am permitted to collect An Eye For Music (57 photos) from Sheriff Office in Stirling. Every picture is in poor condition due to basic carelessness in moving and storing - 37 are ruined. Although well aware of the extent of the damage the Administrator was unwilling to sign for the damage. Before moving the exhibition I took photographs showing ill-storage and consequent damage. 9th NOVEMBER 2001 Letter from myself to Council listing damage to pictures and cost. Requesting immediate compensation as two exhibitions are booked, but the work is unuseable. Also pointing out that I am still receiving threatening letters in the form of final demands for over £2000 which has been paid. 17th NOVEMBER 2002 Letter from Artizin Gallery rejecting work on grounds that it is unacceptably damaged 19th NOVEMBER 2001 I phone Council, everyone involved is off ill or on holiday. 20th NOVEMBER 2001 Received letter from Miss A- (Council) saying my last was handed on to Mr A. N- (Council). She asks for payment of this year's tax, threatening action unless it is received. She apologises for the other threatening letters and agrees the amount has been paid in full. 20th NOVEMBER 2001 (Same post as above) Final Demand from the Council for the £2000+ which they have agreed are settled. 4th DECEMBER 2001 Telephoned Council, spoke with Mrs McC- and others - no way to contact their superior, who now has my last letter. He will deal with it in time. I am told they have no phone number for him (though he is head of their dept…) I phone back and say I have had enough of this carry on and wish to know how to reach the Ombudsman. I am categorically told that there IS no such Ombudsman. I phone Margo MacDonald, (Mr M.C.- MSP being unavailable) who is helpful and directs me to the appropriate Ombudsman. 9th DECEMBER 2001 Letter from Mr A. N- (Council), denying any responsibility for damage to photos etc. as he points out that the pictures were their property at the time of damage. FEBRUARY 2003 Letter from S- & Co (Sheriff's Officers) demanding large sums of money for back tax. I telephone the office, but get no answer. Phone regularly rings for over ten minutes, and I give up. I finally phone in the late evening and get an answering machine. I leave a message asking them to contact me since it is impossible to get through to them. I leave this message on two seperate occassions, but have never been contacted. I have still heard nothing regarding my many rebate claims over the years. 4th MARCH 2003 Letter arrives from F.M.McC- advising me that I am to be sequestrated for non-payment of Council Tax (2000-2001). I phone them to explain that S- & Co won't answer phone or return calls. I am told that 'F.M.McC-' is the 'Legal Wing' of S- & Co, (Sheriff's Officers). I am given three working days in which pay £2,371.91 or I will be sequestrated. Finally I am told that if I pay £235 in that time and pay off the rest in nine monthly instalments proceedings will be halted. 5th MARCH 2003 Another letter arrives from F.M.McC- advising me that I am to be sequestrated for non-payment of Council Tax, this time the sum is £4626.91 although no mention was made of this during my previous day's phonecall. Feb 2004 Finally have remortgage in place, having found out that previous lawyer had given out erroneous info on my finances to previous lender. This time I make sure all info and problems are in the open. Royal Bank of Scotland are very understanding and move things along quickly. A letter arrives from the Council saying I owe £4,200 for 16 months of poll tax which remained unpaid from 2001 - 2002. All later money is being paid regularly by direct debit. No-one can make sense of the high figure, but my lawyer points out that if I don't pay it the council will declare me bankrupt. They actually can do that it seems. Through my lawyer I agree to pay, but request an idea of how much I need pay in instalments. While they negotiate the council put the case to court and I have no optionbut to find and pay the money immediately. On approaching the council to make sure all paper work will get to my conveyancing lawyer in time, I am informed that I will first have to pay £450 in "Expenses". When I point out that I have had no prior invoice or warning of this charge I am told 'off the record' that no paperwork will leave their office until I settle up this new sum. When I ask what it covers i am adviced that it is for, amongst other things, Sheriff Officer's delivery charges. As the documents were never delivered this seemed strange. I called my lawyer who agreed with me that this charge should be waived, and that the rest of the bill was approximately double what it should be. I had no choice and paid it. The new mortgage came through, though the extra £8000 I was relying upon to see us over the next few weeks was effectively spent on the council yet again. Approximate cost of the council's always extremely dubious actions over the years over a disputed £8000 debt? An incredible £76,000