Chandlers Visit

[snchilly]

 

Re: Council Tax and Bailiffs.

Hi there

New today and hoping someone can help me.

I was declared Bankrupt in May of last year and Chandlers are now pursuing my Wife for £1800.00 of outstanding council tax which was on my creditors list when I went bankrupt. Because it is seen as a joint debt they are trying to get the money from her.

I am still under Bankruptcy conditions and I remember that my Receiver told me that I am not to make any offers of payment to anybody.

I am the sole income earner in the house and my wife is unemployed. She is not on any benefits at all as she has never been employed.

Any advice?

[freakyleaky]

Hi Snchilly! Welcome to the site!

 

Have a read of the site rules and the FAQ's to get an idea of how things are done.

 

I have asked for this thread to be moved to the debt collection forum. You will get all the help and advice possible in that forum.

 

If you have any problems finding your thread once it is moved or navigating the site generally just shout and someone will point you in the right direction.

 

.

[snchilly]

Hi there

Sorry but I am having a hard time navigating the site. I have a question regarding Chandlers Bailiffs on outstanding council tax, but dont know where to post it.

Could you help me

[freakyleaky]

Hi. Don't worry it can be quite confusing at first. You will get the hang of it!

I have asked for advice on the best forum for your problem to be posted in. I did think the debt collections forum would be best but it maybe better posted in the baliffs forum!

Once decided your thread will be moved to the most approriate forum.

As it is sunday this may take a while but it will be done today!

[snchilly]

Thank you very much

[snchilly]

 

Re: Council Tax and Bailiffs.

Hi there

New today and hoping someone can help me.

I was declared Bankrupt in May of last year and Chandlers are now pursuing my Wife for £1800.00 of outstanding council tax which was on my creditors list when I went bankrupt. Because it is seen as a joint debt they are trying to get the money from her.

I am still under Bankruptcy conditions and I remember that my Receiver told me that I am not to make any offers of payment to anybody.

I am the sole income earner in the house and my wife is unemployed. She is not on any benefits at all as she has never been employed.

Any advice?

[Bookworm]

Moved post from Bailiffs sticky onto existing thread.

[spamheed]

I would first look at having a chat with the OR to see if anything has been recorded about this debt.

 

Has the debt gone to court in either of your names?, or is there any sort of judgement made for this debt?

[snchilly]

Hi there

This is a liability order issued by the Magistrates Court which has been passed on to Chandlers for collection.

When I went bankrupt the OR said that the Council might try and persue my wife for the outstanding money

[spamheed]

My understanding (and I am prepared to stand corrected on this one)

is that if the debt was on the creditors list when you were declared bankrupt, it is viewed that you accepted full liability for the debt and they accept you as the debtor (it may be worth confirming this with the OR)

 

They cannot then later decide to pursue a third party for the debt as it is viewed to have been "dealt with"

 

Either way, given that your wife has nothing and they are obviously going to get nowt from you.

[snchilly]

Thanks for that. I will contact the OR in the morning and get some clarity.

[Docman]

I'm almost sure that council tax is still a provable debt in bankruptcy. Which means that the local council cannot take any further action against you.

The bankruptcy is purely a civil matter dealt with in your local county court. Collection of council tax can be through 'Attachment of Earnings' orders through the local MAGISTRATES court, i.e. the criminal court. A quirk of the English legal system but a magistrate’s court would not normally issue any enforcement order if a tax payer was bankrupt.

That said, it doesn't stop the local council having a go at your wife, if the council are particularly mean and nasty. But before they could go to court and get the bailiffs to collect, they would have had to have issue a council tax demand against your wife unless the original one that you put into your bankruptcy was in joint names. That is possible but unusual for domestic tax.

If the bailiffs are claiming against your wife, I would contact the local council tax office and ask for a copy of the council tax demand that they are trying to collect, and a copy of the magistrate’s court order empowering the council bailiffs to collect.