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CSA vs Council Tax


rwkshaw
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Hi there,

 

I have council tax arrears that I am paying at the moment, leaving me on the limits of being able to live) The CSA have just hammered me for payments that are going to cripple me. I have stated that I have to pay CT arrears but they have stated that they (CSA) come first.. The Council have stated that THEY come first as if I don't pay them, I go to prison..

 

Who comes first, is it the CSA, in which case I have to re-negotiate with the council, or is it the council meaning that the CSA need to re-calculate my earnings???

 

Thank you..

 

Rich

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Both are priority debts. A "priority debt" is a debt which can have severe consequences for you if you fail to pay.

 

Failure to pay council tax can result in a liability order being granted, deduction from earnings, bailiffs, insolvency or prison; probably more besides.

 

Failure to pay Child Support can result in a liability order, deduction of earnings, deduction of the money from your bank or building society account (they can set up for regular payments or take one large one, without your permission and without a court order), third party debt order which means freezing your bank/building society/post office card account, bailiffs, charging order, suspension of your driving license for up to 2 years, prison for up to 6 weeks. (even when sent to prison the full amount still has to be paid)

 

When a person dies there is an order of priority in which debts have to be paid if there is not enough money in the estate; I don't know if there is a similar order of priority for debts before a person dies. I'll ask around our debt bods and see if anyone knows.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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So if both are a priority debt, who needs to accept that I can't pay both together at the amounts that they both require, something has to give as if I pay both then I won't have enough money to be able to pay my rent or even get to work.

 

The other thing I cant work out is how come my ex gets 15% of my income for our daughter, but according to the CSA I am only entitled to a 5% allowance for my son who lives with me.

 

It just stinks, when you have 1 child each then why should it not be split 50/50 as it costs the same.

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The council are not telling you the full truth. You can be sent to prison for not paying CT but that is the last resort. What actualky happens is that the council woud take you to court and get a CCJ ordering you to pay. You would then ask the court for a time order which effectively gets the court to fix payment by installments at a rate you can afford.

 

I expect that the CSA would be the same.

 

Send both a statement of income and expenditure (incluse any other debts too). You will find a balnk statement of I and E on the national debtline website. You should sort all debts at the same time.

 

 

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Budget sheet affixed. Steven is right, send it to both Council and CSA

Budget Sheet.xls

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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With the CSA the amount of CS per child with CSA2 (15%) is fixed, however if you have arrears they can have some say in how much is taken o top of the 15%. They can take up to 40% of your wages when you are in arrears, but this is an up to figure.

 

In regard to CT arrears, as far as I am aware there is no "fixed" rate at which it must be collected. They do have some level of discretion - and they can add it on to the following years bill.

 

They council and the CSA should take your I & E into account, however this will only be taken into consideration for arrears of council tax and child support, not normal sums payable.

 

Steven is correct in that all of the action both the CSA and the Council can take is not something that happens outright. There are processes to follow and prison is a last resort. Although the CSA can take some forms of action without having to go to court, the other forms of action should only be taken where other methods of collection have failed. The fact that you are not unwilling but rather are unable to pay the sums at the same time should be considered fully in respect of arrears collection.

 

When all is said and done, you can't pay money that you simply don't have.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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