How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10650
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I have just been served with a charge for payment of money

Resolved Question:

I have just been served with a charge for payment of money by Sheriff Officers. The charge is wrong. How do I get this removed and can I claim compensation from the Council?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

In what way is the charge wrong?

-Could you explain your situation a little more?

Customer: replied 3 years ago.

The background is that I have a flat in Edinburgh which I let out. There are ongoing problems with damp which has caused lengthy periods of occupancy. Despite being a registered landlord with the Council, they were sending rates payment notices to an empty flat which meant I was in blissful ignorance. The Sheriff Officer, however, has had no such communication problem - strange that!


 


Since becoming aware of their demands, I have explained to them on several occasions that the flat was either unoccupied or undergoing structural repair work during the period in question (2009-12). I have also provided them with documentation to prove this on at least three occasions and have requested a meeting to resolve it on a similar number of times. I also showed the serving officers some of the correspondence but on telephone call back to their office were informed the "debt" was still live.


 


My partner is on the verge of a nervous breakdown, we continually get correspondence from one person and the reply is picked up by someone else who doesn't read the full case history. We are distressed, fed up and extremely angry.


 


I await your response with interest.

Expert:  JGM replied 3 years ago.
You have tried to do everything right, particularly, by asking for a meeting. You don't say if you've completed an application form for exemption. If you haven't you must do this either on a paper form or online if your particular local authority has this facility. Either way an application for exemption has to be in writing. If that is submitted it may have the effect of bringing the collection proceedings to a halt.

From your narrative I take that you have dealt with this by telephone and face to face with the sheriff officers. This has to be done in writing with the council with copies of all letters sent to the sheriff officers.

If you find you are still getting nowhere than your remedy is to go to court to stop the proceedings by an action called suspension and interdict. You ask the court to suspend execution of the charge and interdict further proceedings pending the issue being sorted out. To do such an action you would need to instruct a solicitor.
Customer: replied 3 years ago.

Thanks, XXXXX XXXXX has been mainly by email.


 


Can I claim compensation from the Council for time spent, distress etc?


 


 

Expert:  JGM replied 3 years ago.
No your can't, but if you had to take them to court you could claim your court expenses.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10650
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.