council tax and bankruptcy.

debt_doctor

PippaGirl wrote: »

I'm chicken, I'll keep paying!

..... with no one to fight your corner I can well understand folk choosing that approach!

Flapjackman

debt_doctor wrote: »

In some cases, future payments of council tax are included in bankruptcy.
If you have received a final demand (typically after the second missed instalment plus 7 days) or had a liability order issued then the whole years council tax is included in the bankruptcy which may well be future instalments.
DD

Surely by "having the right" to pay in instalments this suggests the balance is already owed and you are in their debt? If a liability order can enforce the full sum as payble before the end of the tax year then it makes sense that the bill is due at the beginning of the tax year. Therefore if you dont pay on the first day of the tax year, you are in debt to the council. If thats the case then the whole balance should be taken into bankruptcy whether a liability order has been issued or not? Thats the logic I would apply...........

coolcait

[Whisper it ] I often find that the guidance for the England and Wales insolvency service explains things more clearly than the AiB (Scottish) equivalent. Indeed, sometimes it covers areas which aren't in the AiB guidance.

This is one of those occasions. This extract explains the point I was trying to make:

http://www.bis.gov.uk/insolvency/personal-insolvency/bankruptcy-debts#council-tax-arrears

That's also how it does/should work in Scotland. Although, as I said previously, much depends on the individual council!

Flapjackman

coolcait wrote: »

[Whisper it ] I often find that the guidance for the England and Wales insolvency service explains things more clearly than the AiB (Scottish) equivalent. Indeed, sometimes it covers areas which aren't in the AiB guidance.

This is one of those occasions. This extract explains the point I was trying to make:

(link removed)

That's also how it does/should work in Scotland. Although, as I said previously, much depends on the individual council!

That's pretty clear then! My logic is flawed. The facts prevail!:o

coolcait

Flapjackman wrote: »

That's pretty clear then! My logic is flawed. The facts prevail!:o

Are you representing a council? :beer:. If only...
I wish it were that clear to all councils - even though the facts come from the Council Tax legislation! If all councils followed it, there would be less confusion for the rest of us.

It's a bit like the water rates point (outside Scotland - water and sewerage charges here are included in the council Tax payment). The legislation facts seem to be pretty clear cut. The implementation less so.

Sadly, for people who live in a council area where the policy doesn't actually match the legislation, the facts don't always prevail. The 'policy' - or 'opinion' if you like - wins. Which can mean that the people who have a 'provable' council tax debt have a fight on their hands to have it included in their bankruptcy.