poll tax

flowergirlgush

I have poll tax arrears (£95).

Am i right in assuming i can include this in my bankruptcy and they cant persue me for it.

It just someone mentioned you could still get a 'criminal record' for non payment of poll tax even though they couldnt get the money. Should i be worried??

PockettMoney

flowergirlgush wrote: »

I have poll tax arrears (£95).

You still have Poll Tax arrears? Blimey, my council would have bashed my door in a long time ago if I had a 19 year old debt with them.

As for Council Tax, I'm no expert, but I think in that instance you still do have to pay and a BR will not prevent your council issuing court proceedings /default order for non payment. I am new to this though and could be wrong. But I have one payment remaining in my rescheduled payment plan, due the end of the month, and I am planning on paying it (although I don't actually know where the money is going to come from at this present time!).

Maybe not the most helpful post, just wanted to respond as the mention of Poll Tax just brought back some great personal memories of "Maggie Out" marches!

flowergirlgush

its just last months arrears, but i have put it on my bR form and am just wondering if that the last of it, as it is a debt and as a BR i would be breaking the law anything listed in my BR i presume??

I was thinking i might fill the council form in for a reduction as my hours have been cut at work, they might owe me money then lol, bet they'd take their time coughin that up!

DaveBrum_2

To be able to put Council Tax arrears into your bankruptcy, they need to have sent you a final demand. Whether the debt goes into the bankruptcy is at the discretion of each local authority and they can overrule the OR, but in practice, this very rarely occurs.

Hope this helps!

flowergirlgush

so maybe i should do my best to pay it and then apply for reduction in poll tax due to my salary decrease, think that may be better option, just in case! thanks

fermi

DaveBrum wrote: »

Whether the debt goes into the bankruptcy is at the discretion of each local authority and they can overrule the OR

Rubbish. Where did you hear such nonsense?

There is a technical issue if the debt has already had distress levied by bailiffs, but apart from that it is included.

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/part6.htm

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 [Note 3] but the liability to pay council tax is determined on a daily basis [Note 4]. 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 [Note 5].

Any amount due and unpaid under the instalment agreement prior to the insolvency order is an unsecured debt in the proceedings [Note 6]. 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.

flowergirlgush

So it can be included in bankruptcy as long as i have had no involvement with bailiffs and as long as i pay thereafter its ok i wont get a criminal record for non payment of fines?

flowergirlgush

im getting confused , but it doesnt take much