Wilkin Chapmen Solicitors & Redbridge council going for BK on CTAX debt?

[mizzbabyjess]

I hope someone can advise?

Last year I owed on my council tax, [2011]

 

In December I received a notice informing me of pending bankruptcy & a hearing date for the outstanding council tax plus costs.

 

I tried to make monthly payments but they were nearly £400, as the outstanding amount was over £2000,

there was no way I wanted to be made bankrupt over council tax, and fortunately family lent me the money to reduce the debt to under £700.

 

The company dealing with it on behalf of the council is wilkin chapman grange,

I spoke to them and informed them that as the debt was now under £700

could they ask to have the bankruptcy petition dismissed,

 

after numerous emails back and forth, they did this,

and I received a letter informing me that the court has ordered that the bankruptcy petition had been dismissed.

Which I was so relieved at.

 

Now I have a letter from wilkin chapman grange informing me that I owe £1,945.55 in costs to them.

 

This is just never ending and I dont know what to do?

 

This years council tax is being paid via direct debit and i am not in any debt to the council at all now.

 

I hope someone

can help?

[ss002d6252]

Costs incurred in taking bankruptcy action can be recovered by the council, it appears these are the costs in this case.

[mizzbabyjess]

there is nothing I can do?

The company acting on behalf of the council told me that nothing is owed to the council now, and from my understanding the costs are soley owed to wilkin chapman grange.

[mizzbabyjess]

Hi,

 

I fell behind with my council tax payments a couple of years ago, a

 

to cut a long story short this was due to my loss of employment.

 

The council handed the case over to Wilkin Chapmen Solicitors & after many threatening letters of bankruptcy

& no help from the council I managed to borow some money and paid £2500 including what I thought was charges.

 

I have now been hit with another threatening letter requesting the sun of £1900 in charges.

 

I did try to set up a repayment plan but they wouldn't take no less that £360.00 per month,

I just couldn't afford this & they insisted it be paid direct to Wilkin chapman,

 

now I have defaulted on the payment plan, which is all charges as the council tax has all been paid back,

& they are threatening bankruptcy,

I am waiting to hear back from the council.

 

My other problem is that the council tax is in my husbands name, & it is me who pays.

 

I hope someone can help? I have 7 days to respond.

 

Thank you

[dx100uk]

two threads merged

 

as well as lots of other duplicate threads you have on many other issues

 

try to always keep to one thread per debt/issue...

 

 

now, i'm not exactly sure if you should be paying these charges for a failed BK attempt anyhow

 

i think we need a wee bit more on the story

 

and to why the coucil decided to try and make your BK

 

when normally they just use bailiffs?

 

i'm puzzled here

 

dx

[wonkeydonkey]

Can you start with the CT issue..and explain way the Council went for bankruptcy for this? It is most unusual for any Council to take this route.

There are ways to get you back on track with this but we will need a clearer picture.Can you supply us with the basics just tostart with.

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - if they were passed on for enforcement and the dates this was done.

[mizzbabyjess]

Thank you for your replies I will try & get as much info as I can & post it on.

[mizzbabyjess]

Hi I have some info

1. Liability order date was 02 June 2011. Amount £702.96

2. Unpaid court costs 14 June 2012 Amount £1,242.60 (these costs relate to the above case.

3. Total Debt 1,945.55

I have spoken to Redbridge council & they have said as long as the payment of £1,945.55 is paid by 28/3/13 they will drop the bankruptcy petition due on that day 28th March.

The amount that is actually owing on council tax is £702.96 I can't believe what they have added as charges, & they don't seem to want to help.

I have been told that if a debt is £700 or under a bankruptcy can't be brought.

So I was thinking that my only option is to try & get the £1,242.60 paid by March & then request that the bankruptcy is dismissed.

I hope someone can help & advise?

Thank you

[tomtubby]

Something is not right here. Which local authority is this?

 

I will make some enquiries and come back to you.....

[tomtubby]

Sorry, I realise now that you had said that this was Redbridge.

 

Some LA's take enforcement action by way of bankruptcy petition and Redbridge is one such council. In the ealrier correspondence from Redbridge did they advise you of the costs element if they pursued BR?

 

You jave said that the LO was for approx £2,000 and that you managed to bring the debt to below the BR level of £700 BEFORE the hearing date.

 

How many hearing dates did you have? Were any other hearings adjourned?

 

The court dismissed the application and it would seem that you were not at court and the court awarded costs to the solicitor. Do you know what costs the court awarded? Most solicitors would have provided a schedule to the court?

[mizzbabyjess]

Hi, thank you for your time,

I was never made aware of the costs involved by Redbridge or wilkinchapam & I have all the emails between my self and Wilkin chapman, that was the reason I reduced the debt to £700, to avoid bankruptcy, & then as far as I was concerned it was more affordable tp pay, I stated this all in the emails to Wilkin Chapman when I asked for the petition to be dismissed, & then out of the blue they hit me with these charges.

Details of the LO

Complaint date 16 May 2011

Liability Order 2 June 2011

Council Tax: 1 Apr11 to 31 March 12. £1405.35

Costs £115.00

Less Paid. £817.40

 

Balance. £702.95

 

Costs. £1,242.60

 

Total Balance Outstanding. £1,945.55

[tomtubby]

How many hearing dates were given and were there any adjournments.

[mizzbabyjess]

That's all the info I have, that was sent to me, as far as I am aware none were adjourned they were dismissed.

The bankruptcy petition was filed on the29th December 2011, & it was dismissed.

Now they are saying they are reinstating it as there is an outstanding balance.

I tried always to come to a reasonable repayment, but they wanted over £300 per month.

[lamma]

"Costs. £1,242.60" WHAT ???

[brassnecked]

"Costs. £1,242.60" WHAT ???

Seems like somebody is having a laugh, have they supplied a breakdown of these charges?

[Leakie]

Seems like somebody is having a laugh, have they supplied a breakdown of these charges?

 

I think a big part of the costs, may be the fee for applying to make some one BR about £750.00 I think?

 

Leaky

Sorry reply to Lamma

[mizzbabyjess]

Hi thanks for all your replys, I just can't. get my head round it.

What I listed above is all they have given me.

I just think it may be better to try & pay the £1,242.60 & then ask that the bankruptcy petition is dismissed, as a bankruptcy can't be brought if the debt is £700 or under.

I've emailed Wilkin Chapman today, & they haven't even replied.

I feel like I'm hitting my head against the wall.

[tomtubby]

This firm are used by a number of local authorities and the fees that they charge would normally be agreed in the contract with the council. I would strongly suggest that a FORMAL COMPLAINT is made to the Chief Executive at the council because...by taking the route of bankruptcy, the fees that are charged are more than the original debt and this should form the basis of your complaint.

 

I would suggest as well that you call the court to ask what order they made regarding costs.

[lamma]

"I would suggest as well that you call the court to ask what order they made regarding costs." Sage advice.

[mizzbabyjess]

Thank you for all your advice, would someone be able to help me put a letter together, as I don't want to say the wrong thing?

[wonkeydonkey]

Please follow TT's advice and phone the court to ask if there was an order made awarding costs at the time the BR petition was dismissed....if not then they can go whistle dixie while waiting for the moon to turn to cheese...if there is an order to costs those costs can be challenged.

 

WD

[Surfer01]

Aren't we talking about what should be two separate issues. One is for the council tax owed and the other is for the charges. Surely they cannot lump the two together as the higher costs of about £1300 are related to what the council has paid the solicitor. The £700 is council tax plus associated charges.

[wonkeydonkey]

Aren't we talking about what should be two separate issues. One is for the council tax owed and the other is for the charges. Surely they cannot lump the two together as the higher costs of about £1300 are related to what the council has paid the solicitor. The £700 is council tax plus associated charges.

 

Hence the reason for a breakdown of the charges being needed ...but it is the fact the solicitors has given just 7 days to reply that puts the emphasis on finding out if they have an order from the Court that actually granted them these 'costs' or is it a case the BR was dismissed and the bill of costs was not entertained?

[brassnecked]

Hence the reason for a breakdown of the charges being needed ...but it is the fact the solicitors has given just 7 days to reply that puts the emphasis on finding out if they have an order from the Court that actually granted them these 'costs' or is it a case the BR was dismissed and the bill of costs was not entertained?

 

If the cfosts were not granted BY THE COURT, then the solicitors are on a sticky wicket, and are being naughty enough to be cruising into Formal complaint territoryso do as TT suggested do the right thing phone the court.

[lamma]

What did the court say about the order made for costs when you rang them ? That's germane to any letter.