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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Committal to prison - council tax


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Hi is urgently need some help of advise.

This is a on going problem with havering council. We feel behind with our council tax a few years ago, my partner was the only one working and we were living on £220 a week and having to pay full rent /council tax ect... anyway, we found we was unable to do this and fell behind. We ended up getting in debt with a few companys in the mean time also. We started getting final notices and court summons from the council, we emailed, wrote and informed them we cant afford to pay the amount in full and can we set up a payment arrangement... We did this about 15 times in the last 3 years. When i started back at work we paid £40 a week and emailed and proposed this as a on going thing, it was again declined. So very dishearted and stupid, we stopped paying and used it to clear other debt that were happy to accept the amount. Anyway to was we recieved a committal to prison, straight away i have sent a letter explain the situation and offering to clear the debt in 24 months, we made a good will gesture payment of £40 also, and said we will put the money away each week untill either they accept or the time of the court hearing.. I am so worried.. I dont want to go to prison i have children! And i have NEVER refused to pay it, we have just never come to a arrgree ment.

Does anyone have any advise for me? or maybe someone whob has been through it before that can explain it to me what happens? I understand i have been silly in not addressing this sooner, but we have been trying to get ourself straight with companys that willingly took our money. And now i am soo scared. It has ruined our christmas and i know i am going to make myself ill worrying about it now...

Please help

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Did you try and claim council tax benefit? If you didn't you might be able to back date a claim if you were entitled to it.

 

How much do you actually owe them?

 

I am sure they will not want to send you to prison if there is a way of paying it back. If you are working they can do earnings attachments and what I would do is start sending them payments even if they have refused the proposal you have made.

 

I am no expert in this, but hopefully if I post a reply someone who has more experience can advise you.

 

Please don't worry too much - there are a lot of people in arrears with council tax and I have not heard of anyone yet going to prison. I do payrolls for companies whose staff are paying off arrears from 2 or 3 years ago at £15 a week from their wages.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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hi there thank you so much for your reply. I couldnt sleep last night worrying about it.. I have contacted my local MP and asked of there is anything he can reccomend, but i dont hold out much hope. I owe £3600 for 4 years c/t Is it about £1000 less due to odd payments we have made, but obviosly this is not enough. We tried to claim bennifit and was told even though my partner only brought home £220 we wasnt entitled to anything. I made the £40 payment yesterday and will make £40 a week payment untill the court date, there is nothing more i can do - I mean £40 is still pushing it slightly, but i need a amount i can stick to and when the new council tax year starts, i can afford to pay that also. I know we have got ourself into a mess, but i was only 21 when it all started and was first time living alone and was nieve and stupid, but im paying for that now lol

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hi, Firstly the courts will only imprison somebody who refuses to pay, not someone who is in financial trouble.

You could do with prioritising your debts. Rent, council tax, utiliity bills.tv licence are all priority debt. If you have credit cards,loans and overdrafts, they are low priority and while they'll still need to be paid you can offer lower amounts.

You say you get £220 a week. What about Child tax credits Child benefit and Working tax credits? if you are not getting CTC/WTC then you should be claiming them.

When you claim housing benefit, they would asume you are getting these other benefits based on your income so yes they would reject your claim.

My daughter and son in law have 3 children, bring in about £300 a week and still get HB/CTB(albeit not a lot)

 

Go here Start Calculation

 

This site will work out what you're entitled to

 

good luck

 

fox

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I do not want to raise your hopes but it is important to know that last year approx: 3 MILLION Liability Orders were issued for non payment of council tax and many of these are for people like you who have not paid for a few years.

 

A hearing for an application for committal can only take place at a Magistrates Court and there are ONLY two things that the Magistrates can look at. These are "willful refusal" and "culpable neglect".

 

Our office does have 2 people who have been sent to prison for "wiliful refusal" and in BOTH cases they are part of an action group who refuse to accept that they should pay council tax.

 

In deciding "culpable neglect" a magistrate would look at whether you have for instance taken an expensive holiday or purchased a new car with money that you could have instead used t pay your council tax.

 

It is therefore VITALLY important to ensure that you have a "paper trail" to demonstrate that you have made proposals to pay and that these have been refused.

 

Finally, the court will also want to ENSURE that the council have "looked at all other options" including attachment of earnings, a charge on your property etc" before deciding on committal.

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I do not want to raise your hopes but it is important to know that last year approx: 3 MILLION Liability Orders were issued for non payment of council tax and many of these are for people like you who have not paid for a few years.

 

A hearing for an application for committal can only take place at a Magistrates Court and there are ONLY two things that the Magistrates can look at. These are "willful refusal" and "culpable neglect".

 

Our office does have 2 people who have been sent to prison for "wiliful refusal" and in BOTH cases they are part of an action group who refuse to accept that they should pay council tax.

 

In deciding "culpable neglect" a magistrate would look at whether you have for instance taken an expensive holiday or purchased a new car with money that you could have instead used t pay your council tax.

 

It is therefore VITALLY important to ensure that you have a "paper trail" to demonstrate that you have made proposals to pay and that these have been refused.

 

Finally, the court will also want to ENSURE that the council have "looked at all other options" including attachment of earnings, a charge on your property etc" before deciding on committal.

 

 

Certain councils are now issuing statutory demands for bankruptcy rather than following the above process

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

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court bundles for dummies

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  • 2 years later...

I have just finished a 19 day sentance, in prison, for non payment of council tax! It was not a question of refusing to pay, but due to severe financial burdens, I got into arrears. The magistrate decided I should serve this sentance which may have cost me my job. So now I face being unemployed, with a criminal record and still not being in the position to settle the debt!

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