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lisadp1970

Council not accepting financial statement unless filled out by CAB.....

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Hi

 

Quick bit of advice needed regarding filling out financial statements which has been requested by my ex local authority.

 

Basically we have outstanding council tax debt with North Herts Council from around 6+ years ago. they got a court order and we was paying this off at £20 a month which we agreed with them.

 

About a year ago they decided that they wasn't going to accept £20 a month any more and wanted £40, well we told them this was unaffordable and payments ceased.

 

This has now escalated to Bailiff levels so we contacted the Council to say we weren't going to give the Bailiffs anything and that it's in their best interests to take the debt back and accept the original payment of £20 which was all we could still afford.

They said we had to fill out a financial statement so we visited CAB who gave advice and provided the forms to send them.

 

filled these in and emailed them off and the council have come back saying these forms should have been filled out by CAB themselves (never had to do that in the past) and they are not accepting what we sent them!

 

Personally I think they are just being bloody minded, so they've been told as it's school holidays and I'm on my own all day with three kids, two of whom are Autistic, and the fact my Husband has moved out as we've now split up, this won't be possible till September.

 

Is this correct that CAB have to do this form?

 

Thanks

Lisa

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Why did you stop paying what the court had ordered in the first place??

 

First mistake!

 

Re-instate that payment for £20 a month, and pay the arrears.

 

If the LA want to increase the payments, then they need to take you back to court for a redetermination.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Bb is correct. Even if you disagree with the council you still need to pay what was ordered/agreed.

 

You can then tell the council to go back to court. You can show the judge your income and expenditure details and the judge will make a decision. Not the council.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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You can then tell the council to go back to court. You can show the judge your income and expenditure details and the judge will make a decision. Not the council.

 

DITTO!

 

At the moment, the LA hold all the cards, unfortunately.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Erm - no Court Order for payments as this has been an old Liability Order for Council Tax. Agree however the £20 a month should still have been paid in the meantime whether the Council agree or not as they cannot refuse.

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I always encouraged debtors to continue to pay something to the Local Authority, even if a payment arrangement was not in place and they were in dispute with us. This was so a) the debt reduces and b) it can work in your favour if later action was taken for committal as it should demonstrate a willingness to pay.

 

There is no legal requirement for CAB to have to fill in a form for you but it will be, seen from the council's view point, as part of the process of encouraging a person to seek advice on debt issues. The council have no obligation to re-instate any payment arrangement or accept a new one at this stage.

 

At an outside push the LGO may look at a case where the council have been awkward over accepting the income/expenditure details but any decision wouldn't particularly mean much anyway in this case as the decision over allowing any arrangement is at the council's discretion.

 

The only way the case will end up back in court at this stage for a magistrate/judge to look at would be if the council applied for committal - at that stage the willingness to pay etc would be looked at.

 

Craig

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we have outstanding council tax debt with North Herts Council from around 6+ years ago. they got a court order and we was paying this off at £20 a month which we agreed with them.

 

No mention of a LO Lisa.

 

Can only advise on the info you give.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi

 

Quick bit of advice needed regarding filling out financial statements which has been requested by my ex local authority.

 

Basically we have outstanding council tax debt with North Herts Council from around 6+ years ago. they got a court order and we was paying this off at £20 a month which we agreed with them.

 

About a year ago they decided that they wasn't going to accept £20 a month any more and wanted £40, well we told them this was unaffordable and payments ceased.

 

This has now escalated to Bailiff levels so we contacted the Council to say we weren't going to give the Bailiffs anything and that it's in their best interests to take the debt back and accept the original payment of £20 which was all we could still afford.

 

Lisa,

 

You initially posted on the forum regarding these council tax arrears back in 2009. Earlier this month, you then posted back on the bailiff section of the forum where once again, you received excellent advice. My last post on that thread was this one:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?479264-Penham-Excel-threatening-to-remove-vehicle......7yrs-old-CTAX-LO&p=5042453&viewfull=1#post5042453

 

Did you undertake the enquiries as I had advised?

 

PS: Its best to keep your posts to this section of the forum.

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Lisa,

 

You initially posted on the forum regarding these council tax arrears back in 2009. Earlier this month, you then posted back on the bailiff section of the forum where once again, you received excellent advice. My last post on that thread was this one:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?479264-Penham-Excel-threatening-to-remove-vehicle......7yrs-old-CTAX-LO&p=5042453&viewfull=1#post5042453

 

Did you undertake the enquiries as I had advised?

 

PS: Its best to keep your posts to this section of the forum.

 

In relation to my previous posts I did follow up on the advice given which has led to the Council requesting a financial statement, which brings me on to this query.

 

As for not continuing with the payments, the council flatly refused to accept the £20 a month and advised me that I had to deal with the Bailiff company, to which I told them no as the Bailiff company won't accept £20 a month and wanted the whole balance and no less.

 

The council a short while ago got back to me advising that they will accept £20 a month but I have to pay this to Penham Excel, who I refuse to have anything to do with.

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Why did you stop paying what the court had ordered in the first place??

 

First mistake!

 

Re-instate that payment for £20 a month, and pay the arrears.

 

If the LA want to increase the payments, then they need to take you back to court for a redetermination.

 

It was the Council who refused the £20 a month and even though they have a LO it wasn't the court that set this amount this was what myself and the council came to an agreement over

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The council a short while ago got back to me advising that they will accept £20 a month but I have to pay this to Penham Excel, who I refuse to have anything to do with.

 

Given the history of this matter, I would strongly suggest that you accept the council's proposal (which I believe is an excellent one).

 

You have also previously posted extensively about your fear that your vehicle would be seized. You are currently at risk of this happening.

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