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Problem with Council Tax - Advice or chew it over!!

Hi - Having problems with Council - I will try and keep it short(???!!!)
1) February 08 - wrote and explained had financial problems - rent arrears/housing benefit stopped have to pay some back/ etc etc - could we make a smaller payment of £72 over longer time ie past the end of financial year replied no had to make two payments of £217 (3x what we could afford) - explained that if i paid that would have no money for food or petrol - tough you have legal obligation to pay and we have obligation to collect. One payment paid other paid by Attachment on OH wages
2) In April spoke to them and explained that we were trying to get cheaper house and were behind on April payment - ok pay by end of Month . Before end of month rang and told them we had new address and would be in on 1st May - was told amended bill for April and new bill for new property coming.
3) First week of May received a Court letter (dated 27th April - I thought i had until end of April ie 31st!!!) with £70 charges added on for new April payment - I rang and said i had not even received bill ! - basically i should have paid old amount and they would have amended it ??? received new bill few days later
4) They took April's payment plus £70 on Attachment of Earnings - did not know of this attachment until one of phone calls to them to discuss arrears - had not received letter - council explained they knew of problems with post but their liability to do anything stopped once the letter had left them!!!
5) June July Aug's payment paid in one lump sum by arrangement - so we are now up to date BUT to stop any further action we have to have SO/DD with them - filled in sent to them - they called last night they have not received it and are demanding we go into office and fill another form in - now im not making excuses or want sympathy but OH is at work and I suffer with Agoraphobia and it is a big thing for me to go out to their office.

We have recently moved to this area and our old Council if you had difficulties was always sympathetic - we have always kept in touch with them to explain its not like we are years in arrears - we have been 3-4 months maximum and are now up to date totally - so:-
1) Should they be demanding a SO/DD
2) One member of staff stated and I quote "oh we could do an attachment seeing where your husband works we will have no problems collecting all the money!" - he works somewhere well know but he is not massively paid and they dont even know what his salary is !!!!!
3) Should they have put court charges on even though i had an arrangement to pay which was changed as i was moving and they were sending an amended bill?
4) In other peoples opinion are they being fair???

Im a bit angry about the whole thing and have even been in tears with them on the phone as they have not wanted to help at all and can be quite rude.
Any help or advice or just a rant would be great!
Debt Diary: Im not going to be an Ostrich anymore -LBM - 16/1/12 /

Comments

  • Councils have legislation to follow and looking at what you have put they ahve not followed legislation. If you have missed a months payment they cannot just attatch your earning they have to send a reminder a summons gain a liability order then they can apply to attach your earnings. Are you talking about a current years council tax bill or one that has already been to summons stage? that you failed to keep up with an arrangement as then if you fail to keep up at that stage they can straight away attache your earning like you have explained.

    Council tax wether we like it or not is a priority bill and unfortunaltey we all have to pay it wether it is ourselves or beneift paying it.

    Some councils will withdraw summons but only if a DD is set up as a gesture of goodwill so yes they can do this. The way it is put is council tax becomes due on 1st april each year for the full financial year - if you do not keep upto date with your instalements then you loose the righto pay by instalments and the full amount then becomes due and thats where it is likelyto become messy. Or if you are cliaming ctax benefit and haven't declred a change of circumstances then a big overpayment becomes due and again situations become messy.

    I am happy to advise you further but need a fuller picture feel free to pm me if you wish.
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