Council Tax debt / Application for committal to prison

Beetlebum

Hello. I could really do with a bit of advice on this one

I have an unpaid Council Tax debt of £440 from a previous address. At the time of the arrears I was in receipt of Housing and Council Tax benefit. The debt ran up as my entitlement to Council Tax benefit had stopped (I was apparently sent a form to return regarding 'additional information'. I never received the letter so never had chance to return it). The first I knew was when the CT bill landed on my doorstep. I had no way to pay the arrears at that time.

In April 2009 I was summonsed before the court, I did not attend. A Liability Order was issued against me for non-payment.

I moved house and the bailiffs finally caught up with me about 6 months ago. They've sent roughly 10 letters and attended my home on 4 or 5 occasions. I did not return any of the letters and did not communicate with them in any way (ignored the door to them etc).

The debt has obviously been passed back to the Council as this morning I have received a letter (directly from the council) stating that they "Now intend to apply to the magistrates for you to be brought before the court where the magistrates will be asked to consider whether or not you should be committed to prison".

How likely is this? What is likely to happen at the new court hearing?

On another note. In October 2009, while at the same address of the outstanding CT bill, council officials gave me an £80 fixed penalty fine for 'fly tipping' (apparently putting an extra bag of rubbish next to, but not in, your bin is a crime these days). I ignored the fine and was again summonsed to court, and again I did not attend. I was fined £85 with £120 costs, I have made no attempt to pay this ridiculous fine and I believe an arrest warrant for non-payment is still next to my name.

As you can see, I am having a bit of a battle with the council. Is the magistrate likely to look at this (along with the Council Tax non-payment) and 'make an example' of me? It doesn't put me in a good light really. To a magistrate this could look as I have no regard or respect for any of the councils authority.

Thanks for reading.

Tixy

I would have a look at this link http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=02_bailiffs_and_council_tax#chapter8 and http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013198

If the courts decide you have delibrately refused to pay your council tax they could send you to prison. In not attending the previous court hearing and at no point offering to pay the debt, despite knowing the debt has existed for some time you could be seen as deliberately/wilfully refusing to pay.

If you now contact them to offer payment (in installments if you genuinely cannot afford to pay it all in 1 go) they may not go ahead with the hearing. Or even if at the court hearing you offer to pay the debt in installments they may consider accepting that even at that stage.

I don't know how the fine/other court hearing/arrest warrant will be viewed or if it can be taken into account - but it certainly isn't going to look very good.

browneyedbazzi

If you do a search on this site for 'council tax summons' you'll find a thread on the cutting tax board that will probably help. The folks who read it and reply are very knowledgeable on the subject (they work in the field) and have been very helpful to me.

If anyone can answer your questions I expect they can!

peainapod

First of all don't just keep ignoring letters and/or phonecalls from these people. If you don't have the money to pay it then you can't pay it. I was in a similar situation a few years back with a debt and I kept running from it because a) i couldnt pay it and b) i didnt think it was fair. I couldn't take any more of it so I rang the national debt line and they were GREAT. They're really friendly people who will tell you exactly how to handle the letters and what to say to them on the phone. They'll send you a budget sheet to send to them showing your income and outgoings and exactly what you can afford to pay back. If you weren't entitled to housing benefit during certain periods then its you that has to pay it. Now if you couldn't afford to pay it then you should have called to tell them that and you'd be surprised how flexible they can be... I suggest ringing the national debtline and they'll help you sort all this out. If you can avoid having things like court or prison on your record you really should for obvious reasons. Make up a budget sheet ready for when the debt line people send one to you and fill it in straight away and send it away, this includes everything you spend money on down to your toothpaste.
Hope this helps, just read it over and some parts sound like im having a go ! Sorry that wasn't my intention at all, I've just been where you are, letters coming through the door, people knocking, and I stuck my head in the sand and it got me nowhere, and it felt fantastic when I finally took control of the situation, it was a weight off my shoulders, and I hope you can do the same.
Hope this helps and good luck with it !

FraudBuster

If you have to go to prison for not paying a fine, the fine will be written off when you're released.

http://www.adviceguide.org.uk/index/d_court_fines.pdf

geoffky

Watch out for the bailiff charges..post them up here as they overcharge and someone can go over them..

FredWhispers

Really unbelievable that someone can, (theoretically), go to jail for not paying such a small amount!

Banks are condemned for getting charging orders for less that £1k by regulators, yet jail for a few hundered quid? Unbelievable!

Fred

Beetlebum

Thank you for the replies.

This threat of prison then, is it standard? Just following protocol or is it pretty uncommon?

I am more than happy to carry on giving the council the run around and won't be making any offers to settle the debt through instalments as I believe that my debt is through their fault. If this is a scare tactic/bluff/worst case scenario to make me cough up then I will take my chances and go to court. I just don't want to be one of small percentage that are actually made and example of (and knowing my luck, I would be).

If they can send me to prison by proving I deliberately set out to not pay the arrears, then they have me guilty as charged. I can argue that I wasn't not paying for the sake of not paying though, or would this still 'deliberately not paying'? How flexible is this criteria?

As I say, at the time of the arrears, I was in receipt of Housing and Council tax benefit. Both benefits were suspended because the council needed extra information (something tiny, I think it was the name of one of my children). Yet they FAILED to a) ask me for the information and b) inform me that the benefit had been suspended. The first I knew is when I received a council tax bill. Upon ringing to ask why I was billed, they then informed me about the suspension 3 months prior. This also caused me to mass £800 of rent arrears. I initially rang to explain what had happened, they failed to agree the mix up and demanded payment, in full! I could not afford it at this time. Eventually I was offered the chance to pay by instalments and I offered £5 p/w - they rudely refused and demanded £20. So I basically stuck two fingers up to them and refused to play ball.

I wonder how this would stand up in court? I don't want to give in if there is a chance the judge will write off my debt (meaning I win). On the other hand, there is a chance I am fighting a loosing battle against a bigger enemy and the whole thing could backfire (and I lose badly, prison).

vax2002

You can ask if 3 magistrates were present and acting upon oath in the first court summons when judgement was passed , I can tell you on pretty good authority they were not, you can appeal the first judgement on this point and back track things a few steps, you have a legal right to a fair hearing, you dont get one on these council summonses as they hire a room in the court to give the impression you are attending court when in fact its just a hired room full of council employees .
On the fly tipping, Did someone actually take your name and address and were you daft enough to give them it ?
Or did they just post one out ? If so that can be overturned within the minute .

vax2002

When you attend court, you can demand that 3 magistrates be called to hear the case , this then forces the court in to call in a legal Clark and recorder, in short it means things have to be done by the book instead of behind the bog door on the whim of council employees, when you attend, ask them to confirm that 3 magistrates are sitting upon their oath in court. You have a much better chance of getting a fair hearing as the other 2 will have to be brought from criminal courts and will require the council to prove its case.

tuppie

Hello, the debt Wont be wrote off if you Go to prison or not it will remain until repaid in Full Plus costs.

the Magistrate will see if Favor of the council unless you can prove No Liability, which claiming HB and CTAX benefit proves u were Liable for the property so you cant Claim that.
In terms of none payment for Housing benefit they would of At least wrote to you 3 times before Closing your claim and Logged all letters sent to you and any that may of been returned as undelivered .

I think Sticking your fingers up to the council and "not play ball" would also Annoy the Magistrate too who could send you to prison for 28 days and then you would Still need to Pay it after....


The Best advise is contact the council Explain your situation I.E working or claiming and Make an offer of repayment, as at least then when a warrant for your arrest is issued You could show Willing in trying to repay the debt rather then Not and the Magistrate will 9/10 give you the benefit of the Doubt and give a suspended term to repay and KEEP to the repayments.