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Council Tax Arrears

Smart_Mart
Posts: 1,371 Forumite
Hi all,
I've asked this question on the DRO part of the board but they suggested asking on here.
Basically I've got behind on my council tax and owe £291 to my local council. It went to the court in April 2010 and a liability order was granted against me. The council somehow put a levy on the set of cheap golf clubs I had in my hallway - they've never been inside the house.
I've never managed to get enough money to settle the bill in full and they've been chasing me with ever increasing fervour. Recently the letters have been threatening to enter without me being there and yesterday when the bailiff called, she looked into my shed and spotted my lawnmower which then appeared on some paperwork through my door.
First of all, is this legal? I thought they had to actually get into your house to start listing items like that.
Secondly, I'm almost 100% sure that I'll be applying for a DRO in the near future. I know I can include these arrears in the DRO but there seems to be confusion as to whether I should continue paying them as they have a levy on my goods. To be honest, I'm not all that bothered if they do take the golf clubs and the lawn mower as together they're worth £30-£40 max - someone has suggested they may not chase the possession agreement as the levy wouldn't be settled by the sale of my goods.
Any ideas? Thanks in advance.
I've asked this question on the DRO part of the board but they suggested asking on here.
Basically I've got behind on my council tax and owe £291 to my local council. It went to the court in April 2010 and a liability order was granted against me. The council somehow put a levy on the set of cheap golf clubs I had in my hallway - they've never been inside the house.
I've never managed to get enough money to settle the bill in full and they've been chasing me with ever increasing fervour. Recently the letters have been threatening to enter without me being there and yesterday when the bailiff called, she looked into my shed and spotted my lawnmower which then appeared on some paperwork through my door.
First of all, is this legal? I thought they had to actually get into your house to start listing items like that.
Secondly, I'm almost 100% sure that I'll be applying for a DRO in the near future. I know I can include these arrears in the DRO but there seems to be confusion as to whether I should continue paying them as they have a levy on my goods. To be honest, I'm not all that bothered if they do take the golf clubs and the lawn mower as together they're worth £30-£40 max - someone has suggested they may not chase the possession agreement as the levy wouldn't be settled by the sale of my goods.
Any ideas? Thanks in advance.
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Comments
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I'm going to repeat something another poster wrote recently, don't mess with the council. They have big brother powers to get their money. Your council tax is a priority expense, anyone involved or experienced in debt issues will tell you this. Find a way to pay the council, work out a payment plan of some sort. Even with an IVA or DRO I'm not sure how much of your arrears with the council you'll be able to write off.0
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You can go to prison for non payment of council tax. It is not like others debts and should always be paid first.0
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Smart_Mart wrote: »The council somehow put a levy on the set of cheap golf clubs I had in my hallway - they've never been inside the house..
The Council had nothing to do with this, you were visted by the bailiffs who probably saw the golf clubs through the letter box. Unless the golf clubs would cover the value of the debt, the levy is invalid.Smart_Mart wrote: »I've never managed to get enough money to settle the bill in full and they've been chasing me with ever increasing fervour. Recently the letters have been threatening to enter without me being there and yesterday when the bailiff called, she looked into my shed and spotted my lawnmower which then appeared on some paperwork through my door.
First of all, is this legal? I thought they had to actually get into your house to start listing items like that..
Why oh why did you not keep the shed locked when you have already had visits from bailiffs? She is now entitled to enter the shed any time she wants and remove the lawnmower. And she can add masses of fees to the bill because you left the shed unlocked (van fees of £150 ish for example)Smart_Mart wrote: »Secondly, I'm almost 100% sure that I'll be applying for a DRO in the near future. I know I can include these arrears in the DRO but there seems to be confusion as to whether I should continue paying them as they have a levy on my goods. To be honest, I'm not all that bothered if they do take the golf clubs and the lawn mower as together they're worth £30-£40 max - someone has suggested they may not chase the possession agreement as the levy wouldn't be settled by the sale of my goods.
Any ideas? Thanks in advance.
You need specialist advice. Effectively the debt is secured on the goods, so you probably need to get the levies rendered invalid first.
Try bailiffadvice online or pm Herbie21 on here.If you've have not made a mistake, you've made nothing0 -
The Council had nothing to do with this, you were visted by the bailiffs who probably saw the golf clubs through the letter box. Unless the golf clubs would cover the value of the debt, the levy is invalid.
Sorry, that was what I meant, the bailiffs put the levy on. The debt is £291, the clubs are worth £15-£20 as they're old and there's only four or five of them.
Why oh why did you not keep the shed locked when you have already had visits from bailiffs? She is now entitled to enter the shed any time she wants and remove the lawnmower. And she can add masses of fees to the bill because you left the shed unlocked (van fees of £150 ish for example).
I didn't leave the shed unlocked, it's one of those with a little window in it. It contains the mower, an old cooker that doesn't work and a hundred or so bricks that were once a fireplace. She obviously looked in and saw the mower there.
You need specialist advice. Effectively the debt is secured on the goods, so you probably need to get the levies rendered invalid first.
Try bailiffadvice online or pm Herbie21 on here.
Thanks, will do.0 -
The levy on the golf clubs is almost certainly invalid (as they haven't entered) and as has already been said is possibly a means for the bailiffs to charge more fees. With regards to the shed I have a vague feelng (vague mind) at the back of my mind that sheds and garages are a slightly different kettle of fish and are fair game - I'm not certain though.
I've also got a feeling that liability order debts to council tax can be included in bankruptcy but not sure when a levy has been done - if you can get the levy cancelled as being invalid then I think this will certainly help you. I presume that a similar position with council tax is taken in DRO's. I think that any council tax included on the levy would be written off (as long as no levy) but that any council tax going forward you would be liable for if not inlcuded on the levy.
I would have a look on the National Debtline's website as they have a good factsheet on council tax debt but it does sound like you will need the specialist advice on bailiffadvice online in this case.
Best of Luck
dfMaking my money go further with MSE :j
How much can I save in 2012 challenge
75/1200 :eek:0 -
A bailiff can levy on goods that he would be able to physically touch - if they are behind glass or a locked door and he cant get access then he can't levy on them- obviously this is within reason, if he was already in house he could wander around and levy without having to physically touch it but they were available for him to do so.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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In addition to what the two above have said about levying through windows being unlawful, i would add that you can include council tax debt under a bankruptcy order. I would be very suprised if the bailiff actually intended to remove goods they would probably be lucky to get anything at auction from your description so it would be pointless. They are also not supposed to levy on goods well below the value of the debt
the best thing for you would be to contact the bailiffs telephone number and make a manageable payment arrangement. This will be what they are hoping for. If you just ignore it, it is likely they would return the debt to the council as 'nulla bona' and the council could then look at recovery options such as commital (prison) action or a charge on your property. However as this would cost them more than your debt is worth, im sure they would be happy if you just started to make agreed payments towards it.0 -
For £291 no council would stand a chance of getting a magistrate to commit - IIRC at the moment it would cost my council in excess of £250 just start the committal proceedings and a good bit more cost in admin and staffing costs so its often not cost effective.
There's also the case of the magistrate - most are very very unwilling to commit anyway for council tax and most would give only a suspended sentence with a payment arrangement for even a very large debt (if the case even got as far as committal). Many councils will use the threat of committal rather than actually undertaking the case.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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