Hi, just wanting some advice about my council tax arrears , this is the second time we are in court as we fell behind with our payment agreement, could someone tell me what to expect this time round, we are thinking of going bankrupt in the next few months and i am wondering if we could include the council tax arrears ? Should we tell them this is what we are going to do ? We are self employed so i dunno if they can still attach an order for an amount or not on our income?

any advice would be gratefully recieved.

Can anyone help?

The fact you are planning bankruptcy doesn't stop the council from taking recovery action once the Liability Order has been awarded. Only once the bankruptcy order been granted would it take in to account any debt (i.e council tax) accrued before the date of bankruptcy.

An attachment of earnings order could not be issued for a self employed person, unless you could make a suitable payment arrangement then the council would have little option other than to issue the account to a bailiff for collection.

the council would have little option other than to issue the account to a bailiff for collection

The councils have lots of options, they just can't be bothered and have no interest at all in the ability to pay. Councils are more and more taking banktuptcy orders out against those who cannot pay council tax and have falling in arrears.

In other words, on the orders of this government, they just couldn't care less.

There isn't any other real option open in the legislation - the options for the council in this case are withdraw the liability order, accept an arrangement or issue to a bailiff.

The council is extremely unlikely to withdraw the order therefore its either an arrangement or a bailiff. Bankruptcy needs the account to have been issued to a bailiff first and as the OP is considering it any way there's not much point considering that option yet.

Thankyou for all your advice

ann622,

The council will normally after/if you have de-faulted on a previous arrangement, still go for the Liability order, to give them the extra lever, however have you not tried to come to another arrangement re the arrears,as long as you are prepared to pay as much as you can afford. Some good councils who look after their customers do not neccessarily take up the enforcement part of the Liability order and will make further arrangements with you as long as you keep up the payments. Remember liability orders do not run over the specified period of time and have to be re-newed by the council after each period of liability for council tax. Councils are OBLIGED by statute to take your payments keep paying the council, not neccessarily bailiffs who can ONLY enter your property at your invitation, even after a liability order has been obtained, do not allow them in as they will LEVY/DISTRAIN your furniture etc. Remember you are not refusing to pay only finding it financialy difficult. I am sure someone else will come along and give you some more advice/options. Please talk with your customer Service dept of your Local Council they should/can help before/if you go to court. They have got to make application for the order as it is our wonderful Governments direction. Good Luck. "EXEMPLO DUCEMUS"