Liability order and a bailiff

nuttyp

if they were included in the BR then you shouldnt have to pay it. I included my CTax and it was cleared, also tax credits overpayment

Good luck

stevelinz

Its is within the BR but the council have stated that they have liabilty before I was BR.

The issue is that it is such a grey area no one really knows who is right, but bailiffs are able to carry on!!

Some councils say it is included others say they can pursue the debt.

OR not sure!!!

But with a new bill does that change???

peachyprice

Interesting question Steve, I suppose in theory they should apply for a new liability order with the correct figure, which you could contest as you're BR.

debt_doctor

its a pre bankruptcy debt so dont pay it. Keep your doors and windows locked until the bailiff gets fed up, and write to the OR for written confirmation that this debt is provable. Also if this debt is for the current year that they have obtained a liability order for, then you are not liable for any council tax until April 2009.


40.101 Council Tax
Each District Borough Council levies and collects a tax, called a council tax which is payable in respect of dwellings in its area. The occupiers of the dwellings have joint and several liability for council tax.
Council tax is charged on a yearly basis from 1 April each year URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#3"][U][COLOR=#0000ff]Note 3[/COLOR][/U][/URL but the liability to pay council tax is determined on a daily basis URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#4"][U][COLOR=#0000ff]Note 4[/COLOR][/U][/URL. The billing authority is required to make a demand for payment of the council tax separate to the notification of the amount of council tax and the tax becomes due when that demand is made but most council tax payers agree a statutory monthly payment scheme for payment of council tax URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#5"][U][COLOR=#0000ff]Note 5[/COLOR][/U][/URL.
Any amount due and unpaid under the instalment agreement prior to the insolvency order is an unsecured debt in the proceedings URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#6"][U][COLOR=#0000ff]Note 6[/COLOR][/U][/URL. If the bankrupt's council tax is up to date under the instalment agreement at the date of the bankruptcy order, no amount is provable in the bankruptcy as it relates to future occupation of the dwelling. Where a liability order has been obtained by the council, prior to the bankruptcy order being made the whole debt as notified within the liability order becomes due and it is therefore a provable debt as defined in paragraph 40.12.

DD