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Council tax arrears ....


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Had a letter today from the council saying it has a liability order against us for council tax owed.

I called the council and spoke to one of the people in recovery. He said I have to pay £647 in the next 14 days or they will take further action.

I did say I could make a payment of £150 in the next 2 days but I couldn't afford the £647 in 14 days but he said that £ 150 was nit enough and only the £647 would be accepted to stop further action. I told him I didn't have that amount he said try and get it.

I don't know what to do.

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Hi,

 

I've moved your thread to a more appropriate Forum.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Had a letter today from the council saying it has a liability order against us for council tax owed.

I called the council and spoke to one of the people in recovery. He said I have to pay £647 in the next 14 days or they will take further action.

I did say I could make a payment of £150 in the next 2 days but I couldn't afford the £647 in 14 days but he said that £ 150 was nit enough and only the £647 would be accepted to stop further action. I told him I didn't have that amount he said try and get it.

I don't know what to do.

 

 

 

 

 

Was you aware of the liability order ?

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Hi,

 

I moved your thread here as it was a council tax debt and this Forum deals with council tax ect.

 

Do you want it moved back to General Debt ???

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Once a liability order has been obtained, the council can then come to an arrangement to pay by instalments.

Ask them for a copy of the liability order by return of post.

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The guy I spoke to said I have lost the right to pay by installments and the £647 has to be paid within 14 days. I want to know can they really force me to pay an amount I just don't have, unless I don't pay my rent... Which I don't want to do that and end up in a mess there too.

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You need to put it in writing that you are only able to pay installments, take the letter in by hand and also cc it to your councilor and MP if needed.

 

They cannot make you pay it all in one go if you are not in a position to do so....that would be seen to be unreasonable of them. :-|

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The guy I spoke to said I have lost the right to pay by installments and the £647 has to be paid within 14 days. I want to know can they really force me to pay an amount I just don't have, unless I don't pay my rent... Which I don't want to do that and end up in a mess there too.

 

 

 

 

 

Did you ever receive the summons ?

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The guy I spoke to said I have lost the right to pay by installments and the £647 has to be paid within 14 days. I want to know can they really force me to pay an amount I just don't have, unless I don't pay my rent... Which I don't want to do that and end up in a mess there too.

 

 

The important thing here is not the right or not to pay by installments, but have they got a liability order.

 

Have you received any correspondence about being in arrears?

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Don't understand what you are saying there allwood?

 

Sorry about that Conniff....

 

if he has got to go to court then it is always good to let the court know that he has made contact with the council and informed that he can only pay by installments.

 

This happened to me going back many year ago in the early 9o's I wrote to the council and I copied everything to the court as well, also I contacted my councilor and he was a great help as well, he told me that I should write to the council and tell them to stop it, as it as if they continued it would be construed as harassment. The council then checked and found that my council tax has een paid. Remember that was before new labour came into power.:eek:

Edited by Allwood
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Sorry about that Conniff....

 

if he has got to go to court then it is always good to let the court know that he has made contact with the council and informed that he can only pay by installments.

 

 

It don't work like that. If the council are seeking a liability order, the judge 'cannot' take into account the ability to pay. It is a yes or no decision, either you owe tax in which the order will be granted or you don't and show that you don't and the order won't be granted.

 

There isn't a ccj sitting in the court for council tax as the granting of a liability order gives the council powers to send in bailiffs, make an attachment of earnings, get a charging order or if the arrears are shown to be because of willfull non payment, seek a prison sentence.

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The non receipt of a summons is not really of any consequence in your case. There would have been no point at all in attending court to try and defend something that was indefensible.

 

You really should visit the council house and talk to someone, they will come to an arrangement, but you must remember, that any amount agreed will have to be paid alongside the present tax payments.

 

Failing to come to an agreement will mean other action is taken and that can be a deduction from any benefits you are receiving.

If they take the bailiff route, you must be given 7 days notice of one calling.

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It seemed to me that the guy I spoke to in recovery wasn't up for making any arrangement other than pay the £647 we won't take further action. He gave me 14 days in which to do so which end on the 14th. He said by paying this amount in full I will show good will and will be able to carry on paying my council tax by installments. I havnt got all that at once plain & simple. Maybe I should just phone & pay as much as I have over the next 14 days and hope for the best. :(

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Which is why I say 'go in and see them'. If you have a face to face, and show what your income is, then they will make an arrangement with you.

 

Just remember your rent is the number one priority, don't miss any payments on that.

 

Have you got any other debts ie credit cards etc?

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The non receipt of a summons is not really of any consequence in your case. There would have been no point at all in attending court to try and defend something that was indefensible.

 

You really should visit the council house and talk to someone, they will come to an arrangement, but you must remember, that any amount agreed will have to be paid alongside the present tax payments.

 

Failing to come to an agreement will mean other action is taken and that can be a deduction from any benefits you are receiving.

If they take the bailiff route, you must be given 7 days notice of one calling.

 

 

 

 

 

If the summons can't be defended then why would one be issued ?

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They issue the summons so that you know they are applying for a liability order and if they have made a cock-up and you don't in fact owe any council tax, then you can tell the court and the order won't be granted.

 

The main reason is the 'extra' money they make from seeking liability orders. The court fees, depending on where you live, can be up to £150 and that is a lot of extra money seeing as it only cost £3.

 

It's all a big rip-off. The council can come to an arrangement if they want, there is no law or regulation says they can't, but they see the £ signs in front of there eyes. I think it is one of Gordon Browns stealth taxes as tens of thousands are issued each year, the majority of them unnecessarily, and it makes the councils £hundreds of millions in extra money.

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They issue the summons so that you know they are applying for a liability order and if they have made a cock-up and you don't in fact owe any council tax, then you can tell the court and the order won't be granted.

 

The main reason is the 'extra' money they make from seeking liability orders. The court fees, depending on where you live, can be up to £150 and that is a lot of extra money seeing as it only cost £3.

 

It's all a big rip-off. The council can come to an arrangement if they want, there is no law or regulation says they can't, but they see the £ signs in front of there eyes. I think it is one of Gordon Browns stealth taxes as tens of thousands are issued each year, the majority of them unnecessarily, and it makes the councils £hundreds of millions in extra money.

 

 

 

 

 

 

 

It's all a big rip-off as you say..

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