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Hi,

 

I have an arrangement to pay off my council tax arrears and are arguing with them at present because the repayment that they set it at is to high. £260.00 a month. £130 a fortnight.

 

I did explain to them about this and they just said pay it or we will go for committal to prison.

 

Not once have they asked me for I & E to be sent to them, and I wont send it until they ask.

 

The problem started in 1999, when my husband reported me for being married and working both of which were untrue. But the council took his word for it and wanted to interview me under caution I refused.

They took no further action until this year when I get the letter saying that unless i pay what they wanted to clear arrears (which includes the ctb they allocated me) then they would go for my committal to prison.

 

This panicked me and I have been paying £130 a fortnight out of my benefit and trying to pay full council tax for this year.

I could not find a solicitor to help me and contacted the cab who have wrote to the council on several occassions and they failed to respond so the cab gave up.

I contacted my local counciller who got onto ct office and I received an email yesturday 11/8/09 from them telling me my account is up to date and my next payment is due on the 26th August 2009.

Can I take this email as truth as it seems that they may have been going to charge me an extra amount as I was going to pay £130 this week but am not doing now as it would appear that instead of getting £260 amonth in one month they would have had an extra £130.00 in Jluy.

 

The email was sent from the Team Leader of the council tax dept.

 

I am reluctant to give them an I & E as if it did ever come to court they will have to admit that they have not asked for it. Also, because of the interferrence from my ex it has meant that I cannot claim any help with it.

 

I am ill and my consultant has sent a letter to the Council basically saying knock it off or charge her if you have this much evidence that you say you have as you are not helping her illness. I suffer from depression and also have been recently diagnosed with COPD (chronic obstructary pulmanary disease).

 

Might I also add that my ex sent all the same paperwork (letters) to CSA to get it stopped which it was for a while until I appealed then they found after investigations that there was no truth in it so it was reinstated.

 

I did put in an appeal to the council but lost because

1) I would not let them in my house to interview me

2) I would not be interviewed.

 

So, what I would like to know is if it did get to the court stage if the council go back on their email saying next payment 26th August where would I stand in court with regards to everything eg: email, I & E etc.,

 

I have now found a solicitor that will represent me if they decide to proceed with committal (My consultant gave me it).

 

Sorry for going on just wanted a little advice.

 

Bub1

 

Forgot to add only get Incapacity Benefit - Long Term = £385.40 a month and my sons wages = £1200 a month. We are in the same boat with rent as they are both linked. According to HB people at the council.

Our rent is £1000 a month too.

Edited by bub1

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Anyone?

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They cannot go for commital to prison as that is for 'won't pay' and not for 'can't pay'.

Unfortunately as it seems your pride will not allow your to send in a I&E nor will you allow an interview, this makes you a 'Won't Pay'.

 

Stop being so stubborn and go and see them with your expenses and income (and proof of such) and get it sorted.

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I have to agree with Coniff by refusing to be interviewed and not sending in info for I&E you are only making problems for yourself.

 

You don't seem to be trying to get out of paying just wanting to have a more manageable agreement for your income. So why would you want to go to Court? I'm not so sure that a Judge would be on your side as if the Council state that you have been refusing interviews including an interview under caution it would look like you were not co-operating and even suggest that you have something to hide.

 

You state that you have been paying what they asked for. If this is so they won't take you to Court so the point won't come up at all.

 

As to the question of whether your account is up to date. No one here can answer that question. You would need to look at the payments you have made and see if it tallies up with what they are telling you.

 

Although what your ex did was not right the real problem seems to be not his allegation but the way you reacted. From what you have posted it would seem that as you refused to be interviewed the Council have decided that the allegations are probably true.

 

Go back to the Councillor as they did get some kind of response to their query. State that what you want to resolve is a reasonable payment rate for your household income and what CTB/HB you should be entitled to not whether or not your payments are up to date.

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I refused to be interviewed under caution because they were treating me as guilty and they were very underhanded when they called. In fact the day they called was the day after my mother had died, explained that to them and they said when would be convienent then tomorrow!.

 

I have said that if they have that much info and have infact found me guilty then charge me, which they have not done. Even though my ex even had a private co folliow me to get evidence that amounted to nothing where they slipped up was they said I went through front door and stayed in. Then they said at the same time I was down the road. Must have a double somewhere.

 

As for my payments up to date have checked and they have tried to charge me an extra payment for 1 month.

 

I & E could send them and probably will but am waiting for local counciller to get back to me.

 

I have nothing to hide, the council did admit to not finding a marriage certificate anywhere on record so why interview me then. Even ex told taxt man I was working investigation proved I was not.

 

Bub1

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