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Council being unreasonable- please help!


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Hi there,

Towards the end of last year (2009) I was late with a council tax payment and as I had already been late once in the year at some point the whole amount became outstanding.

It was for just over £400 but I couldn't pay it all at once as I don't have that kind of money available at the drop of a hat- like most families I should imagine!

 

So it then went to court and they got their liability order. With the costs this pushed the amount up to £610.00.

 

Along with this came the statutory info form that you fill out with your income/work details. I did this and sent it off immediately.

I offered £20 per week as payment which I thought was reasonable but the council rejected it and said they could only accept £50 per week or £200 per month because the new council tax year starts in April and they like to have old debts cleared by then!

So this gave me 4 months to get £608.00 paid in full or be subject to baliff action!

 

The council would not take anything less they said so I had to accept and this meant paying £200 every month till the end of March even though it wasn't affordable to us- the council just dictated this amount with no compromise because they wanted the debt cleared before April- even though it only became outstanding in December 2009! So it's not like it was an old debt and it's not exactly a high debt either!

 

I had to take £100 from my child tax credits one week of the month and then £100 of my child benefit the next week to do this- so the council were getting the best part of my benefits!

Between January and now I have paid £300 so there is now £310 oweing.

 

My husband works full time and earns just over £800 per month and I was then working full time and earnt £680.00 per month.

So along with our tax credits and child benefit it was just about 'do-able' and I only agreed because I had no choice and wanted to see the back of it.

 

But since then my circumstances have changed!

I have become pregnant, it is my 4th pregnancy and have been off work sick as I am plagued with nausea.

Additionally I had a miscarriage in december and this pregnancy came immediately after the miscarriage, which is a worry and there is a little more risk hanging over me than normal because of it.

 

My employer advised me to drop my hours to only 20 per week part time till baby arrives because I couldn't cope with the workload- it's a very physical merchandising job and there is also the risk because of the miscarriage.

I agreed because the baby's and my health is priority, not money.

 

So because I've been off sick and my hours have been cut my wage will only be around £480 per month. I have rent coming up and because my wage in March will be lousy, I need to save all I have for this upcoming rent to put towards my wage for the rent standing order.

So I could only make one of the £100 payments this month for this council tax.

I wrote to the council immediately to let them know of the change and asked for a reduced payment plan with more time to pay because £200 will cripple us- it was hard enough even when I earnt more.

 

The council wrote back totally ignoring my situation and merely said if I dont pay the £100 immediately I will be subject to baliff action!!!!!!

They also told me 'Council tax' is a PRIORITY debt and they strongly suggest I put this first before anything and make the payment unless I want to be subject to further action at my cost.

They also reminded me I entered into an agreement with them- YES I DID, BUT ONLY AFTER THEY DICTATED THAT IT WAS ALL THEY WOULD ACCEPT WITH NO REGARD TO MY FINANCES OR WHETHER IT IT WAS AFFORDABLE!

I only owe £310 now because I have paid £300 in 2 months.

How the hell can they do this?

People who ARE paying but struggling in the process should not be penalised.

 

The council have been very unfair considering the debt only came about in december 2009 and it isn't for that much money compared to some of the debts they have.

 

I think the fact I have struggled like crazy to pay £300 in 2 months shows a willingness to pay does it not?

 

So I wrote a very long email to them telling them I was disappointed they had totally disregarded what I have told them about my change in circumstances and I also questioned why I can be subject to baliff action over such a small amount and after already paying so much!

Also I questioned how they could put a 4 month timescale on me to come up with £600 because I didn't think a court would think this very fair for a family of 4 with 1 on the way on an average income. It is unrealistic and only suited to one party: THE COUNCIL!

Can they actually do this? Can they give such a small timeframe merely because they don't want the debt running into the new council tax year?

 

I also told them I could prove my pregnancy, miscarriage and reduced working hours easily and if they wanted written proof to let me know.

I also told them i would provide a list of income/expenditure to show our finances/financial situation.

I then offered £30 per week which is £120 per month and is affordable to us. I even offered to pay by direct debit to ensure timely payment.

 

I will probably hear back from them tomorrow but knowing the council, they are bloodsuckers and I don't think they will show the slightest sympathy and will continue to demand £100 immediately followed by 2 further payments of £100 in March.

However, if I pay them, my landlord won't get paid!

 

I am so angry as I work for my income- even though it's a pretty lousy income and so does my husband. We get no help and pay top whack for everything.

I think the council just see 2 wages coming in and immediately come up with their own opinion on people's finances.

We have a hell of a lot of outgoings and we live on a very tight budget with no luxuries.

Yes council tax is a priority- thats why they are getting some money and most of our other bills are not!

 

It seems all the workers are penalised these days.

 

Do you think I am being treated unfairly? Can the council do this?

Don't they ahve a duty to show a certain level of sympathy to hardship cases?

 

Thanks in advance.

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ok

well pay the council what you can afford by internet banking, they cannot refuse that, but you must do it this will show goodwill.

 

next, you are now classed as vunerable [ pregnancy etc etc] so they should treat you with kid gloves.

 

dont banter with the monkey, find out who the cheif Ctax offer is from their website and email him direct.

 

it is a std ploy for councils to demand the full outstanding bal on ctax if they get a liability order, they use this to frighten you into paying.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Councils are totally unreasonable and have 'no' interest at all in anyone except themselves. If paying your coucil tax means you can't pay your rent or mortgage and were chucked out of your house, you can bet your life that they would go to court to have a charge slapped on the cardboard box you are now living in.

 

Do as dx says and pay by internet, but remember, this years bills are about to be issued so you will be paying them as well as the arrears.

 

If they don't get their money, they may well hit you or your husband with an attachement of earnings order, but this is limited by law to how much they can take.

 

They do have leeway in making an agreement with you that you can afford, but they (again) aren't interested.

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Many Thanks.

 

I have not heard back as yet but have offered payments of £30 per week commencing this Friday. I think I shall go ahead and make these payments regardless of whether they accept.

I am thinking a person cannot be subject to action when they ARE actually paying and paying a reasonable amount at that.

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