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Terrible Council Tax debt

135

Comments

  • Heckles
    Heckles Posts: 14 Forumite
    Mikeyorks, thank you SO much for your forthright opinion, I really appreciate it. That's not to say I don't appreciate everyone else who has posted here.

    The problem is is the council don't seem to want to deal with me any more - they seem to have said it's gone 'past' them now and can only be dealt with by the bailiffs. I've got a feeling that if I go and see them, they'll just fob me off to the bailiffs.

    I acknowledge that I have 'willfully avoided' paying in the past - that's why I'm in the position I'm in. But going on what I've been told tonight, I may just stick it out for 3 months, paying the £100 each month then file for bankruptcy.
  • You are going to file for bankruptcy over £2000?

    Read this first



    http://www.debtquestions.co.uk/prob_counciltax.php#refused

    From what you have said the council will have declared br on you long before the 3 month's payments are made.
  • Mikeyorks
    Mikeyorks Posts: 10,377 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Heckles wrote:
    The problem is is the council don't seem to want to deal with me any more - they seem to have said it's gone 'past' them now and can only be dealt with by the bailiffs. I've got a feeling that if I go and see them, they'll just fob me off to the bailiffs.

    Yes, you're getting the 'we've washed our hands of you', philosophy. But it's not actually true. The only point at which the Council loses control is if a committal order is sought / granted and released to the Police for execution.

    You've spent 8 years, of your own admission being a 'poacher' and avoiding them. Now you need to use the same resolve, as a gamekeeper, and get in to see them.

    Don't forewarn them. Get down to see them and ensure you see the officer dealing with your case - not the receptionist on the counter. Might need more than one visit if they're in court or wherever. But be as persevering in addressing this .. as you've been in avoiding it.

    From your posts - you're both lucid and logical. Take the stance you came with in your OP, and which I reflected back to you. And you've a good chance of them calling off the bailiffs (they i.e you - will have to pay a fee, but that's potentially a cheap resolution) and accepting the sort of offer I mentioned. I do feel that simply paying £100 a month without a formal arrangement in place, isn't useful. They simply accept it 'without prejudice' and carry on regardless.

    Glancing through the thread you seem reluctant to post an SOA etc. That, from others, is an attempt to help you address where you might make savings in order to better tackle the CT debt. But if it is possible, from a sensible source, to borrow the £2k - that might be an opening gambit from the Council case officer? So it might be something you should look at (the implication of Bankruptcy you make, suggests this is a negative?) - or have the relative evidence to combat when suggested.

    Get the alarm set, and get down there. It's a bit like Daniel and the lions, but the anticipation is much worse than the reality - they're perfectly normal human beings. Stay cool and focused - and I hope you get your outcome.
    If you want to test the depth of the water .........don't use both feet !
  • richardvc
    richardvc Posts: 1,171 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    I agree with Mikeyorks.

    Forget the letters, that time has passed. Go down and see them face to face.

    It's easy to write a letter and it's easy to type a standard response saying 'no' but if they see you in the flesh you can pitch them !

    You may not get anywhere but you stand a chance. IMHO I would find it hard for a court to send someone to prison after they have offered £100 per month.

    Do your SOA, get your coat on and get down to see them tomorrow.

    My CT was in arrears and I received loads of very threatening letters. I went to see them and the bark was far worse than the bite. Result - situation resolved and all actions withdrawn. Good luck !
    Thanks to MSE I cleared £37k of debt in five years and I was lucky enough to meet Martin to thank him personally.
  • chapmag
    chapmag Posts: 62 Forumite
    Can you please explain your reason for avoiding payin for the past 8 years?

    Were u drven by principle of just an urge to avoid paying them?
  • nottslass_2
    nottslass_2 Posts: 1,765 Forumite
    if talking face to face with the council gets you knowhere ,and as you say "washed their hands of you " don't let this put you off. Bailifs collecting council tax can only legally charge for two visits(if you don't let them gain entry ! ) in practice this means that , after these two visits its not worth them takeing the time and trouble to call in an attempt to chase the debt, so they will simply return it to the council.
    even if the council refuse your offer of £100 pm still continue to make payments to them ,as i said before,in theory you cannot be jailed unless you are "willfully refuseing to pay". it would be very unlikely that the courts would / could commit you to prison if this is not the case. In anycase it wouldn't look very good if the council stood in court requesting that you are commited for non payment, if infact, they are refusing your payments in an attempt to clear this debt,It would just make them look unreasonable. but rember if it does get to this stage you must be prepared to prove that you could not reasonably afford to pay anymore than the £100 pm.

    just another idea, are you working ? if so how about asking the council to make an attachment of earnings order ? that way they are gauranteed (sorry spelling ) to get their money, and they can only take a certain percentage of your earnings.I don't know what the situation is if you are on benifits, but they may be able to do this as well. If they won't do this, and if it does get back to court it would look good in your defence and bad on them because the court would want to know why they haven't tried all possible means to recover the debt and along with them not accepting your original payments of £100 would just make them look totally unreasonable / stupid/and time wasting !
  • Heckles
    Heckles Posts: 14 Forumite
    chapmag wrote:
    Can you please explain your reason for avoiding payin for the past 8 years?

    Were u drven by principle of just an urge to avoid paying them?

    No, I was just irresponsible - ie I didn't see any point in paying an extra £45 a month just to live where I do.

    I've mentioned to the council the possibility of an attachment to earnings and they worked out they'll get less than the £100 I'm offering.

    I've always been against the notion of 'borrowing from peter to pay paul" so I don't want to borrow the 2k - not that I think I'd get a loan anyway. Bankruptcy is looking more and more attractive as an alternative to this.

    Thanks to everyone for your advice to far. The reason I haven't posted a SOA is I'm always rather private about what my money goes on. I have nothing to hide, but I'm not comfortable with my finances being aired in public.
  • IF you're not currently paying council tax at all (nevermind the debt) it's highly unlikely they're going to accept £100 a month to be paid towards the debt as the average council tax bill is more than that depending on where you live! We pay £99 p/m so if you were to pay £100 and had the same rate as us you'd only be paying off your existing council tax bill and not the debt.
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    Best of luck with this, but if I was in your position I would see a solicitor very soon, like today. Many offer a free first consultation. Council Tax is the one debt you really don't want to mess about with.
    I used to think that good grammar is important, but now I know that good wine is importanter.
  • Just curious, £2000 over 8 years works out at £250 a year? Never mind all the extras that Bailiffs add on just for looking at the paperwork!
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