Hi folks

I have had a letter demanding £480 in council tax from 2007 and despite ringing them up to offer £5 per fortnight from my income support they have refused my offer and say they will get a liability order to seize my goods !

I told them what was the point in adding further costs and not accepting my offer of payment when they clearly have seen my bank account details and proof of income support claim.

I am currently signed of from work by my doctor for severe depression and this issue is not helping my condition.

If this went to court and I attended to tell them I offered what i could afford but they refused would the judge rule this offer is fine ?

Cheers

Hi,just a bit if info that might give you some ideas,Tawnyowl Frequently Asked Questions

who are you talking too

is this council/bailiff/dca?

tbh: £10pcm will take 4 yrs.

but you must be able to get some help esp as on IS

are you getting ctax relief at present?

dx

I dont know if this will help you but just check if you are getting the correct benefits.Many people are missing out on some. Benefits adviser : Directgov - Do it online

Hi

Talking to the council at moment before they issue the order , yes I am currently getting council tax benefit mate.

I just cant pay this £480 in one lump sum in 7 days

You would have thought they would have accepted the offer.Your proof of income support claim,are you getting it yet,or shortly going to.If they get tje liability order -more costs-then look at your circumstances,they surely will not receive anymore.Lets hope this is looked at again before the 7 days are up and your original offer is now accepted.My view only,good luck, Tawnyowl

An attachment of benefit will bring the council £3.25 per week guaranteed therefore its policy for most authorities not to accept less than this - most will accept £5 per week or so minimum as an alternative to a deduction of benefit.

Remember that they they don't have to set up a deduction if your on benefits - they can issue it to the bailiff instead.

I got a nice welcome letter this morning , a court date of 26 Aug to appear in Crewe with a further £50 costs added to bring it to £530

The letter says I must give evidence why a liability order must not be issued.

Surely I showed my willingness to pay this bill just that I cant pay all at once , I made an offer being on income support for what I could afford.

What is the point of this when I showed them the proof of savings and income support claim , they already get my current council tax paid direct to them from my income support.

MAD AS HELL :evil:

Willingness to pay is not a defence- the only defences against the order are to show it was wrongly issued - eg billed wrong or you are not the person liable for council tax.

Yes but surely these ****wits can see I am struggling like hell , surely when I go to court the judge will just order me to pay this bill by a reduction from my income support ?

Why do these people make it even harder for struggling people like myself by just adding more charges to make the burden even worse ?

I cant put into words how I feel about this and the w****r I spoke to on the phone cocky as hell saying he would ask to remove my goods instead of accepting my offer of payment.

Yes but surely these ****wits can see I am struggling like hell , surely when I go to court the judge will just order me to pay this bill by a reduction from my income support ?

Your missing the point regarding the magistrates court appearance - the magistrate CANT order the council to accept any particular form of recovery , at this stage he merely awards the Liability Order on the basis that it was correctly issued to the liable person.

It would only be if the case reached the committal stage that the magistrate can order a payment arrangement.

CouncIl Tax is recovered by the criminal courts were the magistrate issues the Liability Order and the legislation then lets the council choose the recovery method themselves based on those allowed in the legislation.

If the council tax was recovered by the civil court (not the usual route used) then after a court judgment is granted then then council would have to apply to the court for a specific recovery method - something which does not happen under the standard council tax recovery via the magistrates court.

So basically then I am screwed ?

The guy [edit] I spoke to on the phone said he would not accept my offer and would use the baliffs powers to seize my goods !

So what the hell can I do after this liability order is automatically awarded to the council ?

No way anyone is coming into my house to take my goods this could turn into a very very nasty criminal offence as he wont touch anything again that dont belong to him I tell ya that !

tell you what i would do.....

firstly stop being so confrontational with these people

it will get you nowhere.

you have got to view it from their perspective. its now late 2009 , this debt is anything from 2-3yrs old depending upon how you look at.

its not looking very good to them is it?

as a side note: you weren't on benefits then were you?

i'd try and make things a bit better from youself. pay what you can weekly via internet banking, they can't refuse it that way & atleast it might shine some good light in the judges eye.

dx

Small thought, if you are off sick with depression etc, do you get any other benefits related to your condition, you may be classed as in the vulnerable category and if so the bailiffs should return the case to the court/council for them to deal with and agree a payment plan.

Good luck and keep calm. Always be pleasant, it gets you much further!

JQ

I got a nice welcome letter this morning , a court date of 26 Aug to appear in Crewe with a further £50 costs added to bring it to £530

The letter says I must give evidence why a liability order must not be issued.

Surely I showed my willingness to pay this bill just that I cant pay all at once , I made an offer being on income support for what I could afford.

What is the point of this when I showed them the proof of savings and income support claim , they already get my current council tax paid direct to them from my income support.

MAD AS HELL :evil:

If you are in receipt of Income Support, this automatically passports you max Council Tax Benefit, so you should not be paying out of your IS for the present council tax. You should be in receipt of CTB and the money being deducted should go on your arrears!

Also, if you pay your £10 directly to the council regardless, that will go in your favour! If you had done that already you may have been able to dispute Court costs, if you kept your temper and had a sympathetic judge!

JQ