Council Tax Question

omen666

Have a friend who was working until his family were wiped out in a crash in 2001. He then lost it and became a addict to drug, mental health issues and alcohol issues after He basically dont remember much about the last 8 years all a bit of a blur and was evicted from his house when he was in rehab but didnt really have his eye o the ball due to his state as such. He has also been in prison due to not having his faculties and getting in some bother.

The council where he did live he has been in contact with and now has to attend court as to the outstanding amount.

He has recently secured proper gainful employment after turning it all round and the council tax officer has asked him where he is working. He stated that he doesnt want the council calling up work and "casting" some ambiguity by the call and refused to tell them who he works for. The council tax officer stated he is breaking the law by not telling him and he has to by law tell him. He still didnt tell him and is preparing to go to court on the 4th April. He has apparently had several letters sent to him over the years but doesnt recall any of them due to his continual stupor but has been told he has been sent a commital to prison notice.

Questions:

1) Is he required by law to tell them where he is working? He has not had any attachment of earnings order issued and the council knew he was incapacity all this time. Incap would also refused to take some money direct from benefit.

2) He is concerned now he has been sober for some time and now working and going the right way he may be sent to prison for this. He is happy and content to pay it off but cant pay the full sum of approx 2k.

3) He is of the opinion that he doesnt owe this £2k as he was on benefits the majority of time he lived there, he wants the totals looked at and recalls always signing the Housing Benefit Form and Council Tax Form, even the yearly renewal. The Council Tax officer says he cant have them reviewed and heowes what he states he owes.



Cheers guys

evoke

He needs to comply with the law and stop running away from his personal responsibilities. Everyone goes through bad times and your actions are your own fault and not the fault of 'society' or anyone else. Tell him to grow some cahooneys and take responsibility for his past actions.

omen666

He is doing and had no intention and was a working family man. The incident broke him and I do believe we all deal with thing s in various ways, he took the last but one worst way to deal with it and he has truly contemplated the last one.

Part of the reason he did not post is he wouldnt of want to seen a response like the one above, he knows what he needs to do and is on the way of getting his life back. Just needs some assistance in matters like this

G_M

Neither the council, not the court, are going to be sympathetic unless he is honest with them and provides information about his income.

He CAN be sent to prison for non payment of council tax.

He can dispute the amount owed, but will need evidence eg tenancy agreement showing what dates he lived where, and documents showing what council tax benefits or other benefits he received during those periods he contests.

If he can show the court
a) he has the ability to pay off the debt over time and
b) that he intends to pay it off

then they will prefer to make a payment order or attachement of earnings rather than send him to prison - but if he hides his employment they will have no option!

ps - I am not an expert but see the above as common sense!

omen666

Thanks G_M I suppose its the way I wrote it. He is not hiding who he works for he just does not want them contacting work. I think he is of the opinion that what is owing and a attachment order might cast a shadow over his inability to pay and draw concerns over him as a person and credibility of working there. Obviously they know nothing of his past years.

He is more than willing to pay on a payment plan/order and declare his yearly salary. He has documentation gathered from DWP and rehab and his stint in prison to confirm his negligence of this debt. He just doesnt want to be sent back to prison when he is in a stable environment now. The Council Tax person in the recovery department was very rude and "arsey" with him and basically said I will get you sent to prison and was somewhat threatening in his general tone and demeanour from what I have been told. He wasnt looking for no sympathy to his previous plight but stating the situation for what it is and looking for a amicable solution now he is "with it".

He was somewhat threatened over the phone that he has now broken the law by not declaring the company he works for and that this will be brought up in court and make it worse for him, he is now more concerned about this court date than he was and seems to think that he is going to lose his job now and house and everything he has fought to get back

kingstreet

Why doesn't he write to the Council, offering them a monthly payment plan which will pay off the alleged arrears in a couple of years? He could say in the letter that he wishes to gather the evidence which will clarify how much he really does owe, but in the meantime he'd like to begin to address the debt for which he is responsible.

He needs to address the issue proactively and stop letting the Council drive things their way. If he does end up going to court, it will also help his credibility that he is attempting to find a solution without being dragged all the way.

omen666

kingstreet wrote: »

Why doesn't he write to the Council, offering them a monthly payment plan which will pay off the alleged arrears in a couple of years? He could say in the letter that he wishes to gather the evidence which will clarify how much he really does owe, but in the meantime he'd like to begin to address the debt for which he is responsible.

He needs to address the issue proactively and stop letting the Council drive things their way. If he does end up going to court, it will also help his credibility that he is attempting to find a solution without being dragged all the way.

He has tried this council rep wont have it and they have told him to appear on the 4th April.

G_M

Kingstreet makes a good suggestion.
The court will be more sympathetic if your uncle has clearly made efforts.

Make an immediate payment of as much as he can. Take evidence of this payment to the court on 4th April.
Write to council explaining how much he will pay each month. Take the letter to the court too.

The fact that the council official was 'arsey' is irrelevant. The court will look more sympathetically if he is clearly trying. I'm not actually surprised the official was unsympathetic - the fact is he has failed to pay, he has an appalling record and other tax-payers like me have to pay extra to make up for people like him who don't pay. However it is the court's attitude that matters now.

As for his employer, well, what is more important to your uncle? Keeping his employer in the dark about his past or staying out of prison? If he does not cooperate with the council and/or the court (ie by paying as much as he can AND by supplying employer details to prove he will be able to make future payments), they will just view him on his past record - which is terrible.

dancingfairy

This is what I would do:
1) write a letter to the head of revenues at the Council - include copies of all the evidence that is relevant. Also I would consider copying them in on his current council tax record if he can - has he got any evidence that he has paid reliably of late? that would possibly help. I would also ask them to look into his case of a matter of urgency to confirm the amount of council tax owed - again put in as much evidence regarding benefits, address, tenancy agreements etc. I think I would bundle it all up and take it down to the council in person and get a receipt so I knew it had been delivered if it is a nearby council otherwise he'd have to post it.
2) set out clearly a repayment plan he can keep and start keeping it.
3) make as a big of an upfront payment as he can straight away. IF he is paying other debts then they will need to wait as this is a priority.
4) phone National Debtline, CCCS etc for help - make it clear straight away that he is facing commital action and needs to be helped urgently - rather than wait weeks (I know there can be long wiating lists but obviously he needs to help quickly).
5) turn up to court as othersie he may make things worse.
6) get in touch with his previous counsellors/organisation that helped with the drugs/mental health issues and ask if there are any organisations that will provide an advocate/someone who can accompany him to court and possibly help him plead his case.

Again I am by no means an expert but this is what I would do.
Best of Luck
df

omen666

Thanks all, your help is appreciated and passed on