Cant Pay Council Tax Finally Awarded Council Tax Benefit

[sweets-on-the-move]

IN APRIL 2009 I WAS UNABLE TO PAY MY COUNCIL TAX BILL .SO I WROTE AND TOLD THEM . SOME TIME LATER SENT ME HOUSING BENEFIT FORM WHILST AS A SELF EMPLOYED PERSON I HAD TO PROVE SO MUCH IT TOOK MONTHS .WHILS I WAS DOING THIS TRYING TO GET IT SORTED SUPPLYING THE FACTS THEY ASKED. COUNCIL GOT A LIABILITY ORDER WITH COSTS ON IT . SO I WAS AWARDED COUNIL TAX BENEFIT .AND A LETTER THIS WEEK SAID IT WAS BACK DATED TO MARCH 2009. JUST GOT A LETTER TODAY SAYING THE BAILIFFS ARE COMING IN AS I HAVE LOST MY RIGHT TO PAY MONTHLY AS I HAVE NOT PAID . SURELY THE COSTS SHOULD NOT HAVE BEEN CHARGED OR THE LIABILITY ORDER OBTAINED. WHAT CAN I DO HERE PLEASE THERE JUST TRYING TO SKIN A CAT HERE .

[sarajulldin]

lol turn off you capitals and bold lol

 

you say the benefit was backdated, what are there asking for, the payments before march 09?

[sweets-on-the-move]

ok there no they said i was entitled to this benefit from march 2009

[Emma1973]

The court case was to see whether you were liable to pay council tax, not whether you could afford it, or whether you were entitled to council tax benefit.

You are liable to pay council tax therefore the order is granted, this would happen regardless of whether you were getting CT benefit, the two things are completely seperate. So unfortunately they were correct in getting the order against you, whether the charges are fair is a completely seperate subject........

[sweets-on-the-move]

thanks emma bailiffs coming in to recover 170.00 council wont listen on payments methods

[beccysmum]

Did you get full benefit, or only a partial award? is the £170 all court costs?

[jackieandwayne]

Actually, sweets, when I think about this, if i have a tenant waiting for a HB claim to process, whilst i may serve NOSP to cover, I know better than to take it into Court, because if that tenant proves what they are saying, the judge will kick it straight out.

 

Now I'm really not sure about the C/Tax but surely, if you had to go to Court, and could prove that the very people chasing you were the very people causing the benefit delay the result would be similar? Maybe someone who knows could pickup on that point?

 

Perhaps a word with CAB or perhaps the welfare officer at the Council, might sort this out for you.

[ss002d6252]

Now I'm really not sure about the C/Tax but surely, if you had to go to Court, and could prove that the very people chasing you were the very people causing the benefit delay the result would be similar? Maybe someone who knows could pickup on that point?

 

Its already been established in Liability Order application cases that awaiting a benefit claim is not a legitimate reason for non payment and Liability Orders granted in these cases are valid.

[jackieandwayne]

Its already been established in Liability Order application cases that awaiting a benefit claim is not a legitimate reason for non payment and Liability Orders granted in these cases are valid.

 

Is that really right ss002? That's awful! So, someone just lost their job, waiting for all benefits, including c/tax, if the c/tax take an age, they can still be taken to court and fined for the council's own ineptitude? One of these lobby type organisations wants to do something about that, that is so unfair!

[jqinfo]

It is right and actually our local CAB had piles and piles of such files, where one person in the council at one desk is sending out the court summons and at the other desk there is a delay in processing claims. The CAB complained to the council, who didn't give a hoot. Many of those were sick, disabled or had mental health and learning difficulties. They just did not care. They then move on to threatening bailiffs and committal to prison, advise people not to bother to turn up in court, it's a done deal on their part and then send out the accounts with all the added charges for court costs and bailff's fees - all because they haven't process CTB claim!! It is very unfair, a social policy issue and needs addressing. I have been to a liability court hearing to explain on someone's behalf and explained how the council work. The magistrates said "I am sure that is not the case, and they would not threaten you with committal to prison" Yet they had done everything in writing and over the phone. The court didn't care either! They take the word of the council everytime.

 

In fact, the council even tried to intervene with the CAB and get them to refer all the client's back to them without dealing with them!

 

& poor you being self employed, they put you right through the ringer then. They don't even take the word of Revenues and Customs about earnings and apply their own rules!!

 

Incredible and nothing is being done about it!!

 

Right I am off my orange box now!

 

Good luck!

 

JQ