Been to see a friend of mine today and he has a few debt problems to say the least. He produced a box full of letters going back six years for unpaid council tax. So far three different firms of bailiffs have been involved, but no-one has actually crossed his doorstep. He just doesn't answer the door.

What is so crazy is that he probably would have been entitled to claim council tax benefit but he never quite got round to it.

The last letter from the bailiffs said they were referring the debt back to the council and that he may end up in prison. He actually has nothing the bailiffs could take anyway.

Just read the notes at the top of the thread and going to post this elsewhere on the site

So, questions. He has heard from someone that if he manages to pay the current year the council will be Ok and leave the remainder in the hands of the bailiffs. I am not sure about this.

Also, if he were to go bankrupt would the debt be written off in bankruptcy or would it remain?

What are his chances of getting backdated benefits?

Any other ideas? I have never known anyone get away with it for so long:eek:

Hi Goldlady,

The downfall here is that a debt due to the government doesnt die, so if he has arrears going back 15years for council tax he will have to pay it.

If he can sort out the current council tax issues and carry out an income and expenditure and offer payments to clear arrears then the council will have to accept it, the downfall is the bailiffs can be obstructive, so best to deal with the council if they will let you.

The chances of getting backdated benefits are fairly slim, unless there is some exceptional reason for not applying in the first place, the usual excuses like I didnt think I would qualify, or didnt get time to do it, or I submitted it and you lost it wont work. I think the only one to work here will be mis-advised by the council about rights to claim or mental health issues.

If going bankrupt - I am unsure what happens here, i dont think it can be taken into the bankruptcy, but I may be wrong.

With referenct to a committal to prison that is upto the magistrates to decide, the case will be referred back to the local authority and they will decide what action can be taken, committal is a last resort, if he can sort his current council tax out and make small repayments to the old debts then all the magistrates are concerned about is getting it repaid. If he can stop the debt getting bigger and it reducing each month then the Magistrates should accept that, but that is down to the individual magistrate.

Jax

Been to see a friend of mine today and he has a few debt problems to say the least. He produced a box full of letters going back six years for unpaid council tax. So far three different firms of bailiffs have been involved, but no-one has actually crossed his doorstep. He just doesn't answer the door.

 

What is so crazy is that he probably would have been entitled to claim council tax benefit but he never quite got round to it.

 

The last letter from the bailiffs said they were referring the debt back to the council and that he may end up in prison. He actually has nothing the bailiffs could take anyway.

 

Just read the notes at the top of the thread and going to post this elsewhere on the site

 

So, questions. He has heard from someone that if he manages to pay the current year the council will be Ok and leave the remainder in the hands of the bailiffs. I am not sure about this.

 

Also, if he were to go bankrupt would the debt be written off in bankruptcy or would it remain?

 

What are his chances of getting backdated benefits?

 

Any other ideas? I have never known anyone get away with it for so long:eek:

If he was entitled to any council tax discounts they can indeed be backdated in fact as far back as april 1993 when council tax took over from poll tax.

I know this because my carers discount was backdated to 1993.

So it maybe a good idea to check out discounts on your local council website.

You also do not have to give reason why you did not claim it before.

Regards

Leon

if he goes bankrupt then any council tax due to that date is included in the bankruptcy proceedings.

Thank you so much for the advice - it has certainly given me something to start on.