Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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London
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  1. #1
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    Default COuncil Tax Arrears & Court Summons!!

    Hello Again,

    I've just been summoned to court (14-12-06) as I am £614 in council tax arrears.

    Currently I am not working, so it's a bit difficult to pay it from JSA (which is temporary anyway).

    Is there any way I can stop this court hearing and agree to pay a small sum each week or whatever off?

    Also is THIS a CCJ? (Never been to court eek!)

    Any advice would be appreciated.

    Thanks

    Adrian

    Similar Threads:
    LloydsTSB Settled. Charges £645, they closed my account, paid me up and left it there.

    HSBC Settled. Charges £545, as good will they wrote off my entire £740.00 debt! SEE: (http://www.consumeractiongroup.co.uk...tml#post254075)

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  2. #2
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    Default Re: COuncil Tax Arrears & Court Summons!!

    The best thing you can do is to contact the council ASAP and explain your situation, as you probably qualify for Council Tax benefit anyway if you are receiving JSA (although it depends on whether you live with a partner etc etc) -

    Not sure of the forum rules on posting links - hope I'm not breaking any but this is the link for DWPs info on it :

    DWP - Services and benefits - Council Tax Benefit

    And no it is not a CCJ, so don't panic on that matter, however the best thing is explain to the council your situation as soon as possible!


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    Default Re: COuncil Tax Arrears & Court Summons!!

    I missed several months in the past due to prolongued sickness, and also owing several people money I borrowed from when I was sick and that.

    I've applied for council tax benefits, but what about the arrears. All £600 of it! Will they allow me to pay monthly or periodical installments ipo court action.

    I would have thought that court would be pointless given that I have no income and that I am offering a decent payment compared to my other expenses and debt which I'm paying off.

    LloydsTSB Settled. Charges £645, they closed my account, paid me up and left it there.

    HSBC Settled. Charges £545, as good will they wrote off my entire £740.00 debt! SEE: (http://www.consumeractiongroup.co.uk...tml#post254075)

    If THIS or post was of ANY help to you, please click on the scales in the top right hand corner!

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    Default Re: COuncil Tax Arrears & Court Summons!!

    You'll still be liable for arrears while you were working, if it goes to court you can make a payment arrangement and if you fail to keep to it you will have an attachment to earnings made
    In your case to your jsa

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


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    Default Re: COuncil Tax Arrears & Court Summons!!

    CB, as far as I know you cannot currently get an attachment against benefits, only wages. I await correction though!

    7 years in retail customer service

    Expertise in letting and rental law for 6 years


    By trade - I'm an IT engineer working in the housing sector.

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    Default Re: COuncil Tax Arrears & Court Summons!!

    that's gonna be fun. I'm paying of £10 a week for a social fund loan I took out while not working ages ago.

    So if they don't attach, what happens with the arrears? They will need paying eventually, and I am happy to do so when I start work, but I can only pay a reasonable amount, i.e. 30/month or something

    LloydsTSB Settled. Charges £645, they closed my account, paid me up and left it there.

    HSBC Settled. Charges £545, as good will they wrote off my entire £740.00 debt! SEE: (http://www.consumeractiongroup.co.uk...tml#post254075)

    If THIS or post was of ANY help to you, please click on the scales in the top right hand corner!

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    Default Re: COuncil Tax Arrears & Court Summons!!

    The other methods of enforcement are: baliffs, deducting direct from your bank account and attaching an order to any property you own. Baliffs is the likeliest one. To be honest, never mind when you start working, you need to be paying off an amount before then, even if it is only a token amount. Will you be working full time, when you do start working again? If so, £30 per month seems low, and the court would probably agree - an attachment order is done on a (fairly) fixed calculation, and it would probably come out as substantially more than £30. This is going to sound very harsh, and it is not supposed to, but I get the impression that you want to pay off the debt in a way such as not to inconvenience you. This will not be the case, you will have to make sacrifices to pay it off at a reasonable amount. Of course, depending on what the council say, it may be too late for this anyway.

    7 years in retail customer service

    Expertise in letting and rental law for 6 years


    By trade - I'm an IT engineer working in the housing sector.

    Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

    Please click the star if I have helped!!

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    Default Re: COuncil Tax Arrears & Court Summons!!

    Hi adridude

    If someone is receiving JSA or contributionicon-based JSA, the local authority can apply to the local benefits office for third party deductions to recover council tax arrears. Third party deductions can only be made from income support, pension credit, income-based JSA or contributionicon-based JSA, and not from any other benefit, even if this is being paid in the same order book or giro.
    The maximum amount of the third party deduction from income support, pension credit, income-based JSA, or contribution-based JSA if a person has underlying entitlement to income-based JSA, is 5 per cent of the personal allowance for a single person over 25, regardless of the persons actual age and whether s/he is claiming as a couple or a single person. There are also limits on the total that can be deducted from a someones benefit, for example, for council tax plus other arrears. The maximum amount of a third party deduction from contribution-based JSA, if a client has no underlying entitlement to income-based JSA, is one third of the personal allowance for someone of their age.

    Contact the local authority and let them know you are currently on JSA as you may be entitled to council tax benefit/housing benefit and you may also be able to pay a small amount off of the arrears. Although difficult on JSA, at least you will show you are paying something towards the arrears.

    Hope this helps.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE