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CTAX debt - commital proceedings?

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hi can someone please help

 

i am in arrears of council tax.

 

I work 30 hours per week and am paying an attachment of earnings,

 

i received a letter from council tax saying unless i pay the full amount 1.700 pound i will be arrested and taken to court for commital proceedings.

 

i have offered to pay them 100 pound per month starting september when i get paid

 

will they accept this or will they want more.

 

if im arrested ill probally lose my job.

 

what can i do in at my wits end.

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is this attachment of earnings for your council tax

 

did you make your offer of £100 per month in writing

 

 

I think you can only be arrested and jailed for council tax if you wilfully refuse to pay

 

 

The Council Tax (Administration and Enforcement) Regulations 1992

  • Commitment to prison
    47.—(1) Where a billing authority has sought to levy an amount by distress under regulation 45, the debtor is an individual who has attained the age of 18 years, and the person making the distress reports to the authority that he was unable (for whatever reason) to find any or sufficient goods of the debtor on which to levy the amount, the authority may apply to a magistrates' court for the issue of a warrant committing the debtor to prison.
     
    (2) On such application being made the court shall (in the debtor's presence) inquire as to his means and inquire whether the failure to pay which has led to the application is due to his wilful refusal or culpable neglect.
     
     
    (3) If (and only if) the court is of the opinion that his failure is due to his wilful refusal or culpable neglect it may if it thinks fit—
    • (a) issue a warrant of commitment against the debtor, or

    • (b) fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as the court thinks just.

    (4) The warrant shall be made in respect of the relevant amount; and the relevant amount for this purpose is the aggregate of—

    • (a) an amount equal to the appropriate amount mentioned in regulation 45(2) or (as the case may be) so much of it as remains oustanding, and

    • (b) a sum of an amount equal to the costs reasonably incurred by the applicant in respect of the application.

    (5) The warrant—

    • (a) shall state the relevant amount mentioned in paragraph (4),

    • (b) may be directed to the authority making the application and to such other persons (if any) as the court issuing it thinks fit, and

    • © may be executed anywhere in England and Wales by any person to whom it is directed.

    (6) If—

    • (a) before the issue of a warrant the appropriate amount mentioned in regulation 45(2) (or so much of it as remains outstanding) is paid or tendered to the authority, or

    • (b) after the issue of the warrant, the amount stated in it is paid or tendered to the authority,

    the authority shall accept the amount concerned, no further steps shall be taken as regards its recovery, and the debtor if committed to prison shall be released.

     

     

    (7) The order in the warrant shall be that the debtor be imprisoned for a time specified in the warrant which shall not exceed 3 months, unless the amount stated in the warrant is sooner paid; but—

    • (a) where a warrant is issued after a postponement under paragraph (3)(b) and, since the term of imprisonment was fixed but before the issue of the warrant, the amount mentioned in paragraph (4)(a) with respect to which the warrant would (but for the postponement) have been made has been reduced by a part payment, the period of imprisonment ordered under the warrant shall be the term fixed under paragraph (3) reduced by such number of days as bears to the total number of days in that term less one day the same proportion as the part paid bears to that amount, and

    • (b) where, after the issue of a warrant, a part payment of the amount stated in it is made, the period of imprisonment shall be reduced by such number of days as bears to the total number of days in the term of imprisonment specified in the warrant less one day the same proportion as the part paid bears to the amount so stated.

    (8) In calculating a reduction required under paragraph (7) any fraction of a day shall be left out of account; and rule 55(1), (2) and (3) of the Magistrates' Courts Rules 1981[24] applies (so far as is relevant) to a part payment as if the imprisonment concerned were imposed for want of sufficient distress to satisfy a sum adjudged to be paid by a magistrates' court

  • Commitment to prison: further provision
    48.—(1) A single warrant may not be issued under regulation 47 against more than one person, and shall be in the form specified as Form C in Schedule 2, or in a form to the like effect.
     
    (2) Where an application under regulation 47 has been made, and after the making of the inquiries mentioned in paragraph (2) of that regulation no warrant is issued or term of imprisonment fixed, the court may remit all or part of the appropriate amount mentioned in regulation 45(2) with respect to which the application related.
     
    (3) Where an application under regulation 47 has been made but no warrant is issued or term of imprisonment fixed, the application may be renewed (except so far as regards any sum remitted under paragraph (2)) on the ground that the circumstances of the debtor have changed.
     
    (4) A statement in writing to the effect that wages of any amount have been paid to the debtor during any period, purporting to be signed by or on behalf of his employer, shall in any proceedings under regulation 47 be evidence of the facts there stated.
     
     
    (5) For the purpose of enabling inquiry to be made as to the debtor's conduct and means under regulation 47, a justice of the peace may—
    • (a) issue a summons to him to appear before a magistrates' court and (if he does not obey the summons) issue a warrant for his arrest, or

    • (b) issue a warrant for the debtor's arrest without issuing a summons.

    (6) A warrant issued under paragraph (5) may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within his police area; and section 125(3) of the Magistrates' Courts Act 1980 applies to such a warrant.

     

    (7) Regulation 47 and this regulation have effect subject to Part I of the Criminal Justice Act 1982[25] (treatment of young offenders)

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You can only be taken for commital if you refuse to pay, not if you can't pay.

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i wrote on the form that i was already paying an a o e and offered to pay 100.00 per month on top of aoe.

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so they have already got an attachment of earnings is there more than 1 liability order

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no idea at all think its 2 years council tax

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I think you need to get in touch with your council ask them to send all information regarding you council tax account for the las few years to find out whats going

 

to get an attachment of earning they should have a liability order against you

 

after they get a liability order they usually send in the bailiffs and then if they get no joy they apply for an attachment of earnings or committal

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hi checked and i have 2 liability orders against me(with the 100 pound plus the 32 pound i already pay)they will be getting 132 pound q month i just hope this will be accepted.fingers crossed.thanks for advice.

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I have today received a summons for means inquiry set for 13th July 2011 for a total of 3 years council tax

I am not refusing to pay the council tax i have not really had the means of paying it due to a lack of funds coming into the household

I know i should of sorted this out earlier but have recently lost my job and nearly the home and am seriously panicking here

I have now lost my job and am panicking that I would be taken away to prison !!!! Please help me can I apply to the council prior to the set date to come to an aagreement via direct debit to pay off the full sum via installments ? Any help I would greatly appreciate !!!!

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I have today received a summons for means enquiry set for 13th July 2011 for a total of 3 years council tax

I am not refusing to pay the council tax i have not really had the means of paying it due to a lack of funds coming into the household

I know i should of sorted this out earlier but have recently lost my job and nearly the home and am seriously panicking here

I have now lost my job and am panicking that I would be taken away to prison !!!! Please help me can I apply to the council prior to the set date to come to an agreement via direct debit to pay off the full sum via instalments ? Any help I would greatly appreciate !!!!

 

hi welcome to CAG can you please use this link to start your own thread

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

add to your thread if you have children are you single /married if you have been making payments

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