Council tax: Commital to prison/bankruptcy order

Brassica

NCISROCKS wrote: »

Brassica you I think from memory have a history on MSE...care to share?

?? probably...what do you mean?

NCISROCKS

Brassica wrote: »

?? probably...what do you mean?

Sorry, I mean a longer term history of debt that you have mentioned on MSE and not addressed?

peachyprice

No-one has asked yet, but so you own your home or do you rent?

They will only make you bankrupt if you are a homeowner, otherwise there's nothing in it for them, but if you do own you home, despite what other have written above, if you don't sort this out ASAP there is a very real possibilty that they will make you bankrupt, for many LA's this is NOT just an empty threat.

Brassica

...ah yes more or less all of my adult life but cleared lots then gained lots - reasons are manifold...where do i start! God knows.

Overall though payment of my debts are going down but more on a robbing peter to pay paul basis. Having got a bank loan debt down from £16.5 k to about £3k I thought the line was in site but in truth I'll have to stop paying them to pay someone else but even so the debts still continue. I have some debts under a management scheme with Dissolve Debt that I pay £x amount to on a monthly basis but that debt is in its thousands so what I pay is just a drop in the ocean....so its safe to say it will be with me for the rest of my life.

Edit: no I don't own my own home - never can never will.

Seriously though, unless I win the lottery I will never be free of this debt. I wont even be able to earn enough to pay it. I don't even have a pension. I will pretty much die impoverished - fact.

So yes, I have a chequered debt history, there it is, what to do but keep on paying what i owe......

Red_dog_Sam

If you're working then it's likely the Council will try again for an attachment of earnings so you do need to make arrangements of your own if you want to avoid that. They have seen your income and expenditure details so know you can't afford to clear the debt - starting to pay a small amount regularly - perhaps by standing order - will show a commitment to pay and stand you in good stead. The Council can choose to sit on the debt and just let your payments come in rather than push harder for money they won't get. If they opt for the committal route it will go back to the magistrates court. Perversley - that can help because they have the power to remit (or wipe out) charge they think you can't pay. In nearly every case, and especially if you've already demonstrated a willingness to contribute to clearing the debt, magistrates impose a suspended sentence and order you to pay instalments anyway based on your income. The Council know that taking someone to court again who is already trying to pay doesn't acheive much. Magistrates commit people who are wilful , uncooperative and who flatly refuse to pay so don't put yourself in that category by failing to talk to teh Council. The point they get this debt back from the bailiff is your best chance to avoid more serious action as the Council are in control and they aren't really in the business of screwing people over for the sake of it. If you have problems getting agreement with them - set up the standing order anyway and contact your Councillor explaining that you have already started to pay all you can afford. Council officers act very differently when a Councillor is on their back.

Brassica

Red_dog_Sam wrote: »

If you're working then it's likely the Council will try again for an attachment of earnings so you do need to make arrangements of your own if you want to avoid that. They have seen your income and expenditure details so know you can't afford to clear the debt - starting to pay a small amount regularly - perhaps by standing order - will show a commitment to pay and stand you in good stead. The Council can choose to sit on the debt and just let your payments come in rather than push harder for money they won't get. If they opt for the committal route it will go back to the magistrates court. Perversley - that can help because they have the power to remit (or wipe out) charge they think you can't pay. In nearly every case, and especially if you've already demonstrated a willingness to contribute to clearing the debt, magistrates impose a suspended sentence and order you to pay instalments anyway based on your income. The Council know that taking someone to court again who is already trying to pay doesn't acheive much. Magistrates commit people who are wilful , uncooperative and who flatly refuse to pay so don't put yourself in that category by failing to talk to teh Council. The point they get this debt back from the bailiff is your best chance to avoid more serious action as the Council are in control and they aren't really in the business of screwing people over for the sake of it. If you have problems getting agreement with them - set up the standing order anyway and contact your Councillor explaining that you have already started to pay all you can afford. Council officers act very differently when a Councillor is on their back.

Thanks for this...makes sense.

Do you think if I made a payment directly to the council online that would be ok to start things re payment to them? I really don't want to deal with the bailiffs. The way he spoke to me left me upset for days and I don't want to feel like nothing again.
I have my final exams tomorrow so am trying to focus on that today but i can go online and pay something to the council...it wont be much but its something...think i have their account details etc.

The only other thing is that I think my council (without naming them) are highly litigious. Obviously Im a bad payer but they refer to the courts quickly (as is their right) so not looking for any favours from them.

Edit: just to say, any court action like a commital hearing at the mags. and my careers OVER so the direct council route's my only realistic option.

NeilF3485

Brassica wrote: »

I've just had a word with my sister and i told her im thinking of asking someone for the money just to make it go away...this will disgrace me but i really am concerned now...all i do is pay debts and have little or no money for myself. And this CT arrears isnt the half of it......

If you know someone who is both in a position, and willing, to lend you the sum you need to clear it, then I would.

Considering the value of the numbers you are suggesting, I doubt very much that you would be viewed as a "disgrace" by someone who cares enough to help you.

It also sounds like you need significant financial help in general anyway. If you are robbing Peter to pay Paul all the time then you are obviously some way off being in control of your finances.

I had a very watered down version of this scenario a few years ago where I had significant council tax arrears and bailiffs etc. I know you are clearly fearful of your employers finding out about this (as I was - I work in Finance), but the reality is they will take a much more dim view of it if they just get an Attachment of Earnings letter through the post.

They would rather you sat down with HR/Line Manager whoever, and explained the situation. Most companies (and I worked for one which was generally awful) want to help their staff.

Mine offered to pay off the entire balance, and then repay it straight from my wages each month over an agreed time frame. This is clearly tantamount to the same thing as an attachment of earnings, but does have it's benefits.

I guess all I'm saying is that you need to discuss this with someone instead of trying to deal with it yourself. Whether that is your employer, family, a close friend, whatever you think is best.

Brassica

NeilF3485 wrote: »

If you know someone who is both in a position, and willing, to lend you the sum you need to clear it, then I would.

Considering the value of the numbers you are suggesting, I doubt very much that you would be viewed as a "disgrace" by someone who cares enough to help you.

It also sounds like you need significant financial help in general anyway. If you are robbing Peter to pay Paul all the time then you are obviously some way off being in control of your finances.

I had a very watered down version of this scenario a few years ago where I had significant council tax arrears and bailiffs etc. I know you are clearly fearful of your employers finding out about this (as I was - I work in Finance), but the reality is they will take a much more dim view of it if they just get an Attachment of Earnings letter through the post.

They would rather you sat down with HR/Line Manager whoever, and explained the situation. Most companies (and I worked for one which was generally awful) want to help their staff.

Mine offered to pay off the entire balance, and then repay it straight from my wages each month over an agreed time frame. This is clearly tantamount to the same thing as an attachment of earnings, but does have it's benefits.

I guess all I'm saying is that you need to discuss this with someone instead of trying to deal with it yourself. Whether that is your employer, family, a close friend, whatever you think is best.

...yes my working life is not disimilar but I know either way it would be distinctly frowned upon and could easily cost me my job/career.

I don't really know anyone who can assist to be honest...I had in mind someone who i havent been in contact with for over 10 years but no real idea where that person is - so it is down to me. No rich family unfortunately.

I think I will have to sit down with someone very soon as I can't go on like this really; Im at the point where if I pay the council something it will leave me with about £80 till my next payday. It'll cost me £60 to get to work over the next 2 weeks - but then I don't have to eat; don't put the heating on; don't have a life...

It does take time to sort it all out; I did try to sort this out with the council last year but all they did was confuse and confound me. If I could take a month off I could dedicate time to sort it but as it is I seem to be working all the hours god send to pay off my debts and getting nowhere. Guess I'm a proper candidate for bankruptcy then.

Oh well

(just getting stuff off my chest...sorry if not coherent)

NeilF3485

I think you need to address the lesser of two evils when it comes to work.

Your employer will almost certainly prefer hearing it straight from you and you being open and honest about it. They may not be in a position to help you much, but it will definitely be more beneficial than them finding out directly from an Attachment of Earnings request, or you getting signed off with stress from it all.

I don't believe it will cost you your job/career either - as long as you discuss it with them. Depending on the size of the organisation, you won't be the first or last to have had financial problems.

I really believe you should arrange for some time with a suitable HR person, or your line manager (or another manager entirely if you prefer) and discuss it. They are clearly going to notice the impact it is having on you (if they haven't already), and am sure they will want to try to help you.

Ultimately you don't want to be fearful of going to work thinking they might have found out or you'll be in trouble, this will only make things even worse.

Red_dog_Sam

An online payment is a start but check it's paid onto the account a couple of days later to avoid payment allocation or non-payment issues you've suffered from in the past. The advantage of a standing order is it's regularity which develops a consistent pattern and history of payment - whatever the amount - and you can control the amount and frequency of payment. If your job is genuinely on the line with potential committal action - tell the Council that too so that the officers understand what's involved when they consider your case. And if the wall goes up from some jobsworth, don't hesitate to get your Councillor involved.