We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Liability order/Council Tax

Just had a nightmare and I now feel sick to the pit of my stomach. I included all my debts including my council tax arrears which I owed. The council turned down my offer of repayment saying it wasn't enough and I failed to meet the costs they asked for. In December I sought help from CAB taking in all the letters including the council tax and was told it could be included in my petition. They wrote to my council asking for a bit of grace as I was looking into bankruptcy but all that happened was the bailiffs started to turn up.

I managed to avoid 2 visits and the 3rd visit was 9th March I felt rather relieved that I had my fresh out of the court bankruptcy order and waved it at the bailiff. I have just recieved a letter from Bristow Sutor asking me to pay within 7 days or they will return the case to the council so they can execute the warrant to send me to prison (fit no longer than 3 months).

Rather upset I called their office to be told that because a liability order has been served it don't fall into the bankruptcy and I still owe it. I am beside myself now as I know I had other debts but this is the debt that was causing me the most worry and now despite everything I am back to square one with a letter threatening prison.

I am in bits yet again a feeling of despair that I really hoped I would never have to revisit.

Any advise what's so ever would be appreciated.
BSC no.370 AD March 14
:xmastree:SPC no. 196 target £350 for Christmas '14:xmastree:
«1

Comments

  • Mouse1812
    Mouse1812 Posts: 630 Forumite
    Utter rubbish, refer it to the OR to put them straight
  • sort_me_own_yard_out
    sort_me_own_yard_out Posts: 305 Forumite
    edited 21 March 2013 at 5:31PM
    Just spoke to OR office they said I was mis informed by cab,if a liability order was made Pre bankruptcy then I owe them. Thinks I am best waiting for my interview next Thursday.
    BSC no.370 AD March 14
    :xmastree:SPC no. 196 target £350 for Christmas '14:xmastree:
  • Mouse1812
    Mouse1812 Posts: 630 Forumite
    You might find this old thread helpful, in the meantime don't let the bailiff in.
  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 March 2013 at 5:52PM
    Huh! One of the the actions that the council can take if they gets liability order and bailiffs can't collect is to make you BR, so if they can make you BR and include it in the BR it stands to reason that the reverse should be true. Well in my mind anyway.

    ETA: and Mr Mouse of this parish found the bit that relevant that I couldn't find :-
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Rather upset I called their office to be told that because a liability order has been served it don't fall into the bankruptcy and I still owe it

    You can include it, the person who told you otherwise was either misinformed themselves or trying to mislead you.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    The debt is provable in your bankruptcy. If the Council or OR say it isn't, then they are talking utter twaddle.

    The only effect of the liability order is that "technically" the council keeps the right to levy distraint over the arrears, even if made BR.

    The BR blocks any other course of recovery from that point onwards.

    Technically they could keep messing around with bailiffs, but most Councils won't bother and will take the debt back and let it be. Don't let the bailiff in and tell them to burger off and it should settle down.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Ha!

    They are talking utter rubbish, it's the liability order that makes it provable in BR, not excluding it! (there are otherways).
    Ring your council and ask them to call their bailiffs off, due to the debt being included in your BR.
    In the meantime keep your doors and windows locked and dont let the bailiffs in and do not make any payments.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    ..............And how daft is your OR?! - more likely temp admin.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • Thanks all for your advice. Read the old thread with interest my parting words to the bailiffs office was "give it back to the council and send me to prison then as I !!!! all to give"

    Looking back now the bailiff did say I could get a 3rd person to pay my bill as long as it wasn't money from my estate. So that in itself has made me think "a bit odd!"
    BSC no.370 AD March 14
    :xmastree:SPC no. 196 target £350 for Christmas '14:xmastree:
  • ..............And how daft is your OR?! - more likely temp admin.

    DD

    The chap I spoke to wasn't the man who is handling my case as he isn't in today. So very may well be.
    BSC no.370 AD March 14
    :xmastree:SPC no. 196 target £350 for Christmas '14:xmastree:
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.4K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.