Council Tax Court Summons

NikkeiJones

Hi Lovelies

One of my dear friends has separated from her husband, due to mental domestic violence. he had taken control of her bank account and paying of the bills but it has come to the front that instead of paying the bills the money has 'disappeared' and the bills have been unpaid and hidden away (some of them haven't even been opened). She has been sorting through all of the paperwork and today has come across a court summons dated 19/07/2010. We don't know where to start with this, how would you advise to proceed? Would it be best to contact hmcs and explain the situation? Her husband has said he is going to now sort the mess out but as this is in her name she doesn't know how much faith to put into Husband doing the right thing. She is about to move into a new rental house and is worried this could cause issues there, please can you advise whether this could cause issues there? Your advice would be much appreciated.

Many Thanks
Nikkei

Charityworker

Yes I would contact them and tell them exactly what you just said. It depends who you get at the end of the line. If you get a human they will be sympathetic and help her but if they get one of those self righteous jobsworth cretins that most people who work for council tax seem to be she might be in a mess.

hallowitch

HMCS only issue the liability order they don't have anything to do with the debt

the debt will/may have been passed over to bailiffs (going by the date of the summons)

she should get in touch with the council however before you do this

can you tell us

Is your Friend unemployed (payments can deducted from benefits approx £4 weekly) also may be classed as vulnerable deductions can be made directly from my benefits to pay arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

has your Friend received help from anyone due to the mental domestic violence (hopefully she may be classed as vulnerable)

If yes to the above a letter should be sent to the council informing them of her situation (providing proof)


did her husband live with her during the liable period (council tax is a joint debt regardless of whose name is on the liability order)

when she moves and informs the council this will/may trigger action regarding this debt
she MUST keep everything in writing by recorded delivery letter and/or e-mail

If a bailiff turns up (while she is trying to sort it out) DO NOT allow them access to her home the bailiff will/may tell her all sorts of thing such as

they can get the police and a locksmith to force enter
they can get her sent to prison none of it true but used to intimidate the debtor to allow peaceful entry to levy goods DO NOT let her fall for this a bailiff collecting council tax has no power over a debtor until they get peaceful entry to a property
peaceful entry means through an unlocked door (keep the doors locked at all times even when she is home) open window (keep all windows closed) or by invite (do not invite the bailiff in to discuss anything) if she has a car keep it parked well anyway from the house in a different street

hallowitch

http://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/enforcement/agents02.htm



Vulnerable situations

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
• Those who might be potentially vulnerable include:
  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English.