Hello

I am in a terrible mess with lots of debts but the most pressing and difficult one is 700 i owe to CT. Its from 2007 and since then i have managed to keep up with the payments.

Its been to the baliffs and has now returned to the council. They requested i told them where i worked and i refused to do - i cant have an attachment of earnings. Now they want to have a face to face meeting before court. I dont know what i am going to say. thought about saying i am not in work at present and my adult children pay the bills. I am terrified!

You must be in receipt of some benefit, they will take it from that.

This meeting will be to decide if you are a can't pay or won't pay. If the latter, then they can take you back to court for a custodial sentence.

Thanks

\i am not on benefits at all.I work but cant afford to pay it off all at once and they have already refused my payment of 30 a month. Do you think if i make an increased offer they will accept this?

If they have asked for your employers details you are legally obliged to supply them, you run the risk of being classed as a wilful non-payer as Conniff has already said. You also need to remember that there is no law that states you have to deal with or speak to a Bailiff and you have done well so far to have your account handed back to the Council. As you say the Council are refusing your payment plan but you can force their hand by paying direct in the meantime by using the Council Website or automated phone service. If you do this you must ensure you pay a regular amount on a regular basis ie £10 every Thursday for example. This then proves you are willing to pay and may give the Council a problem should they take you back to Court for a Committal Hearing.

PT

Ok thanks for the reply.

I have a meeting with them on the 16th.Maybe i can stall them for a couple of weeks and in the meantime make regular weekly payments.

What i mess i have got into....

What i mess i have got into....

These things happen and the reason you got like this is of no interest, you have admitted it and that is the first step to becoming solvent.

The very first thing you must do is to make a full budget sheet showing all your income and all your expenditure. The two columns must tally so you have to include things that are classed as luxuries like say Sky or Gym membership. Make sure you have this with you when you go to the meeting.

Councils like to be able to close the book at the end of the financial year, but they have a lot of discretion in the collection of arrears and it is not law that they 'have' to collect it within the financial year.

This brings us to the second but probably the most important point, at the end of next month you will be receiving your bill for the 2011/2012 financial year and that has to be paid as well as the arrears. If you fail to meet any of those payments, they will apply for another liability order so increasing the amount you owe and the whole cycle of bailiffs etc starts over again.

As Tom has said, it is a legal requirement to fill in the AOE order and your failure to do this is probably what has prompted the meeting. The order can take at most 17% from your wages and a maximum of two orders can be made. Your employer must deduct the amount and pay it directly to the council or he can be prosecuted for not doing so. He is also allowed to take £1 for himself for admin charges.

Why not make this the year you get your life back. If both of your sons are working then they and you must be realisitic at what they contribute and that shouldn't be less than £100 per month 'each' and they are still getting off very lightly. If they were to move out, they would be looking at a minimum of £600 per month and only then if they could find really cheap accommodation. Confide in them and tell them, it's either that or you will be evicted and could be imprisoned, make them understand the gravity of the situation.

Next start on any creditors you may have and tell them the same. Deduct a living amount from your income and then share the rest amongst them. If it's only £5 per month, then inform them of the same thing you have your sons and tell them that you have no option but to reduce the payment to xx until things get better.

If you are a single mum/dad and your children are under 18 or still in education you can apply for the single persons discount of CT.

Whatever you do, make your council tax and rent/mortgage/water the number one priority and always pay them first and on time.

One other thing to bear in mind is that if the Council do seek a Committal Hearing they will pass the costs of that on to you - this can be as much as an extra £240, it is in your interest to try and sort something before it goes that far.

PT

ok thanks for the help. feel less worried now.

If you want to go through the court for an aoe, then refuse to send it in and they will have to go to the court to order you to do so.

Keep in mind also that should they apply for an AOE, they have to do this through the court and you can attend this hearing if you want and also if the situation shows that taking 17% from your wages will stop you being able to pay other bills, then you can appeal against the order being made.

Once the Liability Order has been granted then the council can issue an AOE without having to go back to the court - there will be no further court hearing regarding the AOE and no appeal to the court can stop it , only the council have the power to decide on the AOE.

Techincally the OP hasn't committed an offence if the employer details haven't been requested in writing under regualtion 36 of the council tax (administration and enforcement) regs 1992.

Thanks for that SS, I have amended my post.

You can get it through the courts by not filling it in and returning it if they wish to pursue it that way.

You can also appeal to the magistrates court if you are aggrieved by the order or the terms of the order.

The regulations may include provision that a person may appeal to a magistrates’ court if he is aggrieved by the making or the terms of an attachment of earnings order

If you have offered a payment and are prepared to pay that , they have no right to refuse the payment offered..They are trying to pull a fast one on you..tell them that the offer for £30 per calendar month still stands, there is not a great deal they can do about it in law.! You have not at any time refused to pay the alleged debt so they are dishonouring you by refusing to accept payment on your terms, thus in Law are voiding any contract you might have had with them.! In effect what they are doing is deciding a contract on a unilateral level, and we all know one sided contracts don't exist in Law..

A contract is a legally enforceable agreement between two or more parties with mutual obligations.