Council tax and water in bankruptcy

dollparts

Ok, I have read this thread and I think I am a little on the dense side myself today.

Please could someone help me clarify this?

I am currently on a water meter in my property. I move out on Saturday (yes, I know it should have been last week, don't ask-it's been a nightmare!)

The house I am moving into isn't on a meter and I have been told that if I want one I will need to apply once I have moved in and activated my account with them.

So my question is....

A) do I need to include the yearly rate from date of moving in until end of financial year when I receive first bill in BR?

will I have to pay bill at old address as I still own it?

I know the last question isn't strictly OT but I'm so unsure of everything because so much is going on. I no longer trust my own common sense!

Bethankim

I think im getting somewhere with Seven Trent - i spoke to the woman dealing with my account today ans she said at first...

" it is company policy to charge for services after the bankruptcy date we have to draw a line somewhere..so as you went bankrupt on 2nd April you are liable for the rest of the year only £9 will be written off and your liable as of the 3rd April"

i said no thats not correct i have checked with the official reciever and she said id bee given the wrong information :rotfl:

so thanks to DD i pulled up the relevant bit and quoted word for word from the Technical manual told her exactly what bit and where to find it - bless her she was very nice and very flumoxed as i said under insolvency law - as my bill for this year was issued in march for 2009/10 the whole lot went into my bankruptcy.

and as i was on a rated bill and not metered the company policy was actually wrong :rolleyes: could she go and double check with the insolvency service.

she is off to have a look and will come back to me, if im correct which i am then she will update my account and i wont be billed til next mrch for 2010/11

I was very nice and very polite..in a way going bankrupt the day after they start the new billing year does work in my favour..and i have the origional bill issued in March.

Lordy like i need this i have enough on my plate at the moment..but i wonder how many other seven trent customers who are bankrupt are paying after thier bankruptcy date - i suspect a lot.

so as ever thnak gawd im on this site and thank gawd for the likes of DD and others who know the technical manual (hugs and kisses)

on another not they thought id moved out in Auguest..but had got my prevous address mixed up with my new address silly !!!!!!s

miss_spooky

I'm about to tackle the CT issue with my local council. Both the OR & IS state that it's up to the Council what they decide to do & that the Councils have durestriction over them. Now, not sure whether to write to council quotes CT reg act & IS tech manual or to go to CAB for back up...

... I've got a thread running on this, so will keep you posted.

debt_doctor

Hi again,

There has been a recent court case that backs up the fact that if a final bill or liability order has been issued in the current year then the whole current year balance goes in t0 the BR............

Quote: council tax is calculated on a daily basis, what is due up to date of br, will be included. You will need to arrange with the council a payment plan for the balance of the financial year. It depends whether the council tax has become due in full - has a Reminder not been paid within 7 days, a Summons or final Notice issue or a Liability Order granted ? If so then the balance should be included in the bankruptcy and not apportioned . Council's have been apportioning the balance but it has been confirmed quite recently that if action has led to the full sum being due, as above, the full amount is included in the bankruptcy as a debt and the council should not apportion it in these cases. From a document regarding a recent case in which the issue was discussed. Quote: (Mohammed) v Southwark LBC (QBD) 2009 Southwark obtained a liability order against The council had apportioned the council tax (CT) account up to the date of the bankruptcy order and proved that sum in the bankruptcy, thus seeking to collect the balance from Mr Mohammed. Miss Andrews QC held that, at the date of the bankruptcy order, Mr Mohammed was already liable for the full amount of CT for that financial year by reason of non-payment, the issue of a reminder notice under regulation 23 to Council Tax (Administration and Enforcement) Regulations 1992 SI (1992/613) and the failure to pay the arrears within seven days thereafter. While liability was ultimately calculated on a daily basis, liability to pay was based on the year to 31 March and liability to pay was in advance by instalments. Re Nolton Business Centres Ltd (Eliades v The Common Council of the City of London) (Ch.D) 1996, Re Toshoku Finance (UK) Plc (HL) 2002, Trident Fashions plc; Exeter City Council v Bairstow and others (ChD) 2007 and now R (Mohammed) v Southwark LBC (QBD) 2009 are all consistent in looking at current indebtedness, when amounts become due and emphasising that no apportionment on the date of entering insolvency.

So, you can now quote ; R (Mohammed) v Southwark LBC 2009 if you have had a final notice and have failed to pay within 7 days as the caselaw for the full years c/tax going in to BR.

DD

miss_spooky

Hi everyone.

Received a letter in the post today.

"I have checked your records and confirm that your account liability has been amended to include the whole of the current financial years charge in your bankruptcy.

A revised bill will follow in the post under a seperate cover in MArch 2010

Please accept my apoligies for any inconvenience this matter may have caused to you. I can confirm that all staff involved in these matters have been appraised of the correct legislation"

Many thanks to DD who provided us with the amunition and the backbone to take on the Council.

And to anyone else who may have the same issues, keep fighting it's your right.

Regards & good luck

MS.