Advice appreciated please

APM86

Hello,
I have a number of financial concerns, they always seem to come out of the woodwork at this time of year!
I have an old debt, that i was making payments on, for rent on a student flat. Basically I was all set for uni when my girlfriend told me she was pregnant, so I thought getting a full time job instead of attending uni would be the right thing to do. Only Id already signed all the papers for a flat share. I managed to pay back some of the debt and got it down to £1200. Then I stopped paying as I couldnt afford to. Ive been served with a Order to attend court for questioning. I really dont know what to expect, we literally dont have 2 pennies to rub together, living on my 42hours of minimum wage per week.
Also me and my girlfriend have moved in together finally. And we have recently had a bailiff come a knocking for some unpaid council tax in her name. But during her whole time in her old property she was under full council tax benefit....
Any advice would be much appreciated

APM86

Oh please ignore my sig btw, those debts are paid, except to welcome finance. I just havent visited for a while

Cherryjack

Hello, i think would be best if your OH contacts the council asap to find out why they are sending bailiff's (thats really important).. I would post up your S.O.A so people can help and advise.. also contacting cccs will be of help.

APM86

thank you for the reply, Im assuming OH is Other Half?
I got her to ring the council, but she was just put on a 48hr call back....
I had a DMP with CCCS in the past to clear some debts, and they were brilliant. Will they take me on again?
I just want to know if at the court questioning, they realise I could only make small payments and decide to file for bankruptcy?
Should I just wait until I go for the interview at court, or would it be better for my case if I was pro-active and got in touch with CCCS and got them to set up a payment plan I can put forward?

CIS

Also me and my girlfriend have moved in together finally. And we have recently had a bailiff come a knocking for some unpaid council tax in her name. But during her whole time in her old property she was under full council tax benefit....

Did she share the property with another tenant ? - if she did then irrespective of the fact she received council tax benefit (CTB) towards a proportion of the council tax she remains jointly liable for the full council tax balance.

Joint tenants are jointly liable for 100% of the council tax charge however any claim for CTB will only pay a share of the council tax (e.g 2 occupant - they would only pay a maximum of 50% of the council tax to each occupant via CTB).

CIS

Should I just wait until I go for the interview at court, or would it be better for my case if I was pro-active and got in touch with CCCS and got them to set up a payment plan I can put forward?

At this stage I would not go through CCCS for this matter, you need to speak directly with the council due to the stage this has reached

APM86

Oh no the bailiff coming round for a supposed £216 in unpaid council tax is totally unrealted to the money I owe on student accomodation, which is what I have the questioning for.
Also, she lived in the property alone and from what I know didnt pay council tax from day one, as she recieved full benefit.
If she owes the money we have no quarms in paying it, its just the bailiff turning up without a word or letter of warning

Cherryjack

APM86 wrote: »

thank you for the reply, Im assuming OH is Other Half?
I got her to ring the council, but she was just put on a 48hr call back....
I had a DMP with CCCS in the past to clear some debts, and they were brilliant. Will they take me on again?
I just want to know if at the court questioning, they realise I could only make small payments and decide to file for bankruptcy?
Should I just wait until I go for the interview at court, or would it be better for my case if I was pro-active and got in touch with CCCS and got them to set up a payment plan I can put forward?

your most welcome, all in the same boat :-) yes call cccs they will help you again.. you will probably have to do a fresh interview if the dmp is finished and they will help you on your way again. I would be pro-active and let them know the situation so they can give the best advice.

CIS

Also, she lived in the property alone and from what I know didnt pay council tax from day one, as she recieved full benefit.

There's obviously a shortfall somewhere. It could be that she was paid full benefit at the time but that there has been a retrospective adjustment.

If she owes the money we have no quarms in paying it, its just the bailiff turning up without a word or letter of warning

Before a bailiff is instructed a Council must have issued a Demand , at least 1 reminder, a Summons and a 14 day notice of potential bailiff action ( the notice can be issued any time after the Liability Order as long as its at least 14 days in advance of the bailiff action - it may have been issued some time ago).

She needs to check which address they were sent to as its her responsibility to ensure the council are given the correct address.

dancingfairy

Regarding your court order - have a read of this page here:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex324_0309.pdf I know it's written from the other sides point of view but it will give you an idea what to expect and what the whole point of it is.
Oh and this one:
http://www.hmcourts-service.gov.uk/courtfinder/forms/ex321_e.pdf see page 4/5 - it explains why the creditor will have gone for a order to attend court for questioning.
If you need further help I suggest you ring National Debtline (or ask on here as someone may know).
df