PLEASE HELP- Council Tax Application for your commitment to prison

MadThatter10

Hi, I'm sorry if this is posted in the wrong place, this was the best place I could think of!
I am in desperate need of some advice A.S.A.P if anyone can help please, I guess I better start at the beginning.. (apologies in advance for the LONG post!)
Just over 2 years ago me and my fionce moved into our first rented house together, naive and stupid! When we first looked around the house we spoke to the landlord about council tax and he said it was paid by him as part of the rent. we moved in the next day, and didn't think about council tax again until a year ago when we received a bill for over £1000. We found out that the council tax wasn't paid by the landlord, and there was no mention in our contract, and so it was definitely up to us to pay it. Unfortunately they began demanding huge sums, which we have no way of paying, we have been in constant contact for the past year, where they threaten us, we offer amounts we could afford to pay, and they turn them down and insist on us paying amounts we have no way to pay.
This has finally ended today, as I have received a letter telling me I must pay £1121 immediately, or they will be making an application to the magistrates court to have me committed to prison for up to 90 days, obviously I don't have this money, and have no way of getting it and am now terrified that they are going to turn up any minute and cart me off to prison.
At the time that the debt was building up without our knowledge, we were hugely struggling, with tiny amounts of money, despite the fact that we would have been entitled to over £800 a month benefits, we made the choice to not claim benefits, and instead to struggle along, which makes this even more painful, as if we had signed on and received all the benefits we were "entitled" to, we would have had our council tax paid for us, and so wouldn't be in this mess!
I have now made an application for housing benefit and council tax rebate, knowing that we are "entitled" and thinking that any money we received could go straight to pay for our debt. I made this claim well over 5 weeks ago, but have had problem after problem and have still not heard anything now.
I am now obviously very desperate and need to know if I have any rights, because I'm terrified of going to prison. Please, I know I have been naive, and replies telling me that will be no help what so ever, I am already in tears!
Is there anything at all that I can do to stop them going to court? Because at the moment, until I hear about the housing benefit, we have only about a spare £50 a month that we could pay, and this is giving ourselves £10 a month for food for us both, so no where near the £1100 they are demanding.
Please help if you can, I'm sorry if my spelling and grammar are bad in this post, but I'm shaking so much I'm struggling to even type, and if there are any points that don't make sense then I'm sorry! Any advice at all will be hugely appreciated, and if I have missed anything out please just ask, can't think straight at the moment! Thanks for reading.

hallowitch

Unfortunately they began demanding huge sums, which we have no way of paying, we have been in constant contact for the past year, where they threaten us, we offer amounts we could afford to pay, and they turn them down and insist on us paying amounts we have no way to pay.


did you make these offers to the council in writing

lindens

You should have just paid them anyway. Out of all the household bills, council tax is not one to miss, miss the phone or gas and electric first.Because they can send you to prison (as you have found out) whilst the others can't,
I would write a letter explaining the offers you have made and the circumstances around not paying. Make your offer of £50 and include your first payment so they see you are serious.

MadThatter10

hallowitch wrote: »

Unfortunately they began demanding huge sums, which we have no way of paying, we have been in constant contact for the past year, where they threaten us, we offer amounts we could afford to pay, and they turn them down and insist on us paying amounts we have no way to pay.


did you make these offers to the council in writing

Now I am going to sound even more stupid, but I made these offers over the phone, I never even thought to make the offers in writing, will this make a huge difference?

MadThatter10

lindens wrote: »

You should have just paid them anyway. Out of all the household bills, council tax is not one to miss, miss the phone or gas and electric first.Because they can send you to prison (as you have found out) whilst the others can't,
I would write a letter explaining the offers you have made and the circumstances around not paying. Make your offer of £50 and include your first payment so they see you are serious.

Thank you for the advice. I know I should have paid it, but as I said in my origional post, I didn't know that I needed to pay it, because I thought it was included in my rent, and yes, I know that is naive now, but we were 18 and stupid! As soon as I found out about the debt I made offers, but they were repeatedly turned down. If I had known from first moving in that I had to pay the council tax, I would have paid it, but when I was informed of the debt, I began paying every month, but didn't have the money to pay the debt as well. Sorry if I didnt explain it properly!

hallowitch

you should have made all the offers in writing and as said made token payments to the council while you were trying to sort it out

I take it you have had a few visits from bailiffs

you can only be sent to jail for wilful refusal or culpable neglect.

I suggest you send an e-mail to the CEO of your council and explain that you have made several offers of payment all being refused and the payments they wanted you to pay was more than your income according to the revenues department this was non negotiable
inform him you have never refused to pay this debt you only wanted a fair payment schedule that you could realistically maintain

its not a done deal that you will go to jail as its not up to the council whether you go to jail or not its up to the judge (few people are sent to jail for council tax debt) the judge may tell you to pay £1 £5 £10 per month
http://www.legislation.gov.uk/uksi/1992/613/contents/made

Commitment to prison

47.—(1) Where a billing authority has sought to levy an amount by distress under regulation 45, the debtor is an individual who has attained the age of 18 years, and the person making the distress reports to the authority that he was unable (for whatever reason) to find any or sufficient goods of the debtor on which to levy the amount, the authority may apply to a magistrates' court for the issue of a warrant committing the debtor to prison.
(2) On such application being made the court shall (in the debtor’s presence) inquire as to his means and inquire whether the failure to pay which has led to the application is due to his wilful refusal or culpable neglect.
(3) If (and only if) the court is of the opinion that his failure is due to his wilful refusal or culpable neglect it may if it thinks fit—
(a)issue a warrant of commitment against the debtor, or
(b)fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as the court thinks just.
(4) The warrant shall be made in respect of the relevant amount; and the relevant amount for this purpose is the aggregate of—
(a)an amount equal to the appropriate amount mentioned in regulation 45(2) or (as the case may be) so much of it as remains oustanding, and
(b)a sum of an amount equal to the costs reasonably incurred by the applicant in respect of the application.
(5) The warrant—
(a)shall state the relevant amount mentioned in paragraph (4),
(b)may be directed to the authority making the application and to such other persons (if any) as the court issuing it thinks fit, and
(c)may be executed anywhere in England and Wales by any person to whom it is directed.
(6) If—
(a)before the issue of a warrant the appropriate amount mentioned in regulation 45(2) (or so much of it as remains outstanding) is paid or tendered to the authority, or
(b)after the issue of the warrant, the amount stated in it is paid or tendered to the authority,
the authority shall accept the amount concerned, no further steps shall be taken as regards its recovery, and the debtor if committed to prison shall be released.
(7) The order in the warrant shall be that the debtor be imprisoned for a time specified in the warrant which shall not exceed 3 months, unless the amount stated in the warrant is sooner paid; but—
(a)where a warrant is issued after a postponement under paragraph (3)(b) and, since the term of imprisonment was fixed but before the issue of the warrant, the amount mentioned in paragraph (4)(a) with respect to which the warrant would (but for the postponement) have been made has been reduced by a part payment, the period of imprisonment ordered under the warrant shall be the term fixed under paragraph (3) reduced by such number of days as bears to the total number of days in that term less one day the same proportion as the part paid bears to that amount, and
(b)where, after the issue of a warrant, a part payment of the amount stated in it is made, the period of imprisonment shall be reduced by such number of days as bears to the total number of days in the term of imprisonment specified in the warrant less one day the same proportion as the part paid bears to the amount so stated.
(8) In calculating a reduction required under paragraph (7) any fraction of a day shall be left out of account; and rule 55(1), (2) and (3) of the Magistrates' Courts Rules 1981(1) applies (so far as is relevant) to a part payment as if the imprisonment concerned were imposed for want of sufficient distress to satisfy a sum adjudged to be paid by a magistrates' court

MadThatter10

hallowitch wrote: »

you should have made all the offers in writing and as said made token payments to the council while you were trying to sort it out

I take it you have had a few visits from bailiffs

you can only be sent to jail for wilful refusal or culpable neglect.

I suggest you send an e-mail to the CEO of your council and explain that you have made several offers of payment all being refused and the payments they wanted you to pay was more than your income according to the revenues department this was non negotiable
inform him you have never refused to pay this debt you only wanted a fair payment schedule that you could realistically maintain

its not a done deal that you will go to jail as its not up to the council whether you go to jail or not its up to the judge (few people are sent to jail for council tax debt) the judge may tell you to pay £1 £5 £10 per month
http://www.legislation.gov.uk/uksi/1992/613/contents/made

Commitment to prison

47.—(1) Where a billing authority has sought to levy an amount by distress under regulation 45, the debtor is an individual who has attained the age of 18 years, and the person making the distress reports to the authority that he was unable (for whatever reason) to find any or sufficient goods of the debtor on which to levy the amount, the authority may apply to a magistrates' court for the issue of a warrant committing the debtor to prison.
(2) On such application being made the court shall (in the debtor’s presence) inquire as to his means and inquire whether the failure to pay which has led to the application is due to his wilful refusal or culpable neglect.
(3) If (and only if) the court is of the opinion that his failure is due to his wilful refusal or culpable neglect it may if it thinks fit—
(a)issue a warrant of commitment against the debtor, or
(b)fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as the court thinks just.
(4) The warrant shall be made in respect of the relevant amount; and the relevant amount for this purpose is the aggregate of—
(a)an amount equal to the appropriate amount mentioned in regulation 45(2) or (as the case may be) so much of it as remains oustanding, and
(b)a sum of an amount equal to the costs reasonably incurred by the applicant in respect of the application.
(5) The warrant—
(a)shall state the relevant amount mentioned in paragraph (4),
(b)may be directed to the authority making the application and to such other persons (if any) as the court issuing it thinks fit, and
(c)may be executed anywhere in England and Wales by any person to whom it is directed.
(6) If—
(a)before the issue of a warrant the appropriate amount mentioned in regulation 45(2) (or so much of it as remains outstanding) is paid or tendered to the authority, or
(b)after the issue of the warrant, the amount stated in it is paid or tendered to the authority,
the authority shall accept the amount concerned, no further steps shall be taken as regards its recovery, and the debtor if committed to prison shall be released.
(7) The order in the warrant shall be that the debtor be imprisoned for a time specified in the warrant which shall not exceed 3 months, unless the amount stated in the warrant is sooner paid; but—
(a)where a warrant is issued after a postponement under paragraph (3)(b) and, since the term of imprisonment was fixed but before the issue of the warrant, the amount mentioned in paragraph (4)(a) with respect to which the warrant would (but for the postponement) have been made has been reduced by a part payment, the period of imprisonment ordered under the warrant shall be the term fixed under paragraph (3) reduced by such number of days as bears to the total number of days in that term less one day the same proportion as the part paid bears to that amount, and
(b)where, after the issue of a warrant, a part payment of the amount stated in it is made, the period of imprisonment shall be reduced by such number of days as bears to the total number of days in the term of imprisonment specified in the warrant less one day the same proportion as the part paid bears to the amount so stated.
(8) In calculating a reduction required under paragraph (7) any fraction of a day shall be left out of account; and rule 55(1), (2) and (3) of the Magistrates' Courts Rules 1981(1) applies (so far as is relevant) to a part payment as if the imprisonment concerned were imposed for want of sufficient distress to satisfy a sum adjudged to be paid by a magistrates' court

Thank you so much for your advice and the information, I will follow up on this now! I have never been visited by baliffs, the only contact I have had this whole year is letters, and I have always rung them as soon as I recieved them, I found it very strange that rather than sieze my property (not that I have anything at all!) they would rather send me to prison and cost the country money! I will follow your advice now, thank you again for taking the time to reply!

jonjamie1970

Welcome to the real world mate. Make the appointment to go to the magistrates court and prior to that, draw up a list of your income and outgoings, when you go to court they will make a deal with you before seeing the magistrate which will be a payment order based on your finances.
You will only go to prison if you refuse to pay the council tax which you are not.
You need to bear in mind that this will be on top of what you owe for this year.
Dont ignore it, ring them and make arrangements.

hallowitch

can you confirm that you rent the whole property with your partner (not a house of multiple occupants)

your local councillor will have a Saturday surgery it could be worth a visit or your MP


Make sure you address your letter to the chief executive of your council you should find his name and e-mail address on there web site

MadThatter10

hallowitch wrote: »

can you confirm that you rent the whole property with your partner (not a house of multiple occupants)

your local councillor will have a Saturday surgery it could be worth a visit or your MP


Make sure you address your letter to the chief executive of your council you should find his name and e-mail address on there web site

Yes, we rent the whole house. Thank you for all the advice, I will definitely be following it, and have my fingers crossed for a positive outcome. I wonder if you (or anyone) would also have any idea why it is only me who is recieveing these letters, despite the debt being both of ours, and the house is rented in both of our names?

tyllwyd

Have you posted in the debt free wannabe forum? You will find more people there who have been in a similar situation and I'm sure they will be able to give you advice.