council tax and br

elliesmemory1

I have been br for 6 weeks,I was two months behind with my council tax.
I put this on br forms. I had a payment plan set up to pay the council tax and arrears by dd.

After br I rang the council to be told the whole years council tax would be written off.
I had thought that only the two months that I was behind would be written off and I would continue to pay as normal.
I told the council this but they said no the whole year was written off.
I asked for this in writing and recieved a bill showing the balance as nil.
I aslo rang or office as I was a bit concerned that i should be paying. The lady that did my interview was not avalible but I explained the situation to some one else who advised me to put the council tax money away each month in case the council changed thier minds.
Today I have recieved a bill for the rest of the years council tax. I am confused as to what I should be doing now. Does any one know if this years ct should have been written off or not please as the council seem to have changed their minds. I will ring them on mon but just wonder if anyone else has had this.
Thanks.

lemon1

I'm pretty much certain council tax arrears are one debt that cannot be included in BR.... hope someone more in the know will be along shortly to confirm this

motherb

my council tax arrears were included in bankruptcy but not the rest of the year

lemon1

That's good to hear motherB as I have council tax arrears!! Thanks!

CIS

It depends if the council tax has become due in full or not - if you have lost the right to instalments the council tax for the year can be claimed in full for the bankruptcy, if it hasn't yet become due in full then only any council tax arrears due up until the date of bankruptcy can be claimed in the bankruptcy.

elliesmemory1

CIS wrote: »

It depends if the council tax has become due in full or not - if you have lost the right to instalments the council tax for the year can be claimed in full for the bankruptcy, if it hasn't yet become due in full then only any council tax arrears due up until the date of bankruptcy can be claimed in the bankruptcy.

Thats what I thought, but when I told the council that they insisted that my balance was nil for this year and have sent me a bill showing nil topay for rest of year.
Now I have had another bill showing installments due for rest of the year.
I had a reminder from the council pre br telling me unless I paid the arrears with in 7 days I would lose the right to pay by installments.
I rang them and arranged a payment plan but wasnt able to pay the arears in one go.
I will ring them on monday. Thanks for your replys

CIS

The local authority I work for you used to simply apportion the accounts but they where advised by the OR that once it had been come due in full then it was a debt that could be included in full and not apportioned. The apportionment should only apply if you have not yet lost the right to instalments.

miss_spooky

HI,

HAve a read through my thread here. Basically if you have received a bill for the whole year then it can all be included. The OR won't chase it, it is left up ot the discretion of the Council - but - you have to fight it. I did & won.

https://forums.moneysavingexpert.com/discussion/1946331=

All the advice & info you need is in here.

Good Luck

elliesmemory1

Thanks for that. I was confused as first they said I didnt have to pay for the rest of the year at all. I had thought that just the two months arrears went in to br but they said no. They sent me a bill with nil to pay. Now they seem to have changed their minds and sent me another bill. Will look out my paper work and ring on mon but I was sent a reminder asking for the two months arrears which I could not pay but set up a payment plan which didnt start til the following month. The reminder did say thefull amount would be pay able if the arrears not paid in 7 days. Dont know if the payment plan cancelled that out though.
will read through your thread. thanks

uppleby10

Morning all,

Myself and my partner are currently in the process of Bankruptcy.
We have Council Tax arrears and have been advised my our IP that we could only include our arrears if the Council have issued a Liability Order through the Local County Court.
In our case they have so we can include the debt.
Hardupandfedup, if you have had a Liability Order issued I assume that you can do the same.
I have been told that any other amounts that are due to the Council, i.e the rest of the Tax Year will have to be paid by us as normal.
Hope this is of some help to you.

debtinfo

I hope your not paying him very much then