Liability order/Council Tax

fermi

debt_doctor wrote: »

..............And how daft is your OR?! - more likely temp admin.

DD

My OR told me that parking charges (County Court ones) were exempt from BR.

And I mean that actual OR. The organ grinder himself, not a monkey.

debt_doctor

fermi wrote: »

My OR told me that parking fines (County Court ones) were exempt from BR.

And I mean that actual OR. The organ grinder himself, not a monkey.

Scary, very scary!

Then again, I heard of a District Judge who said to a bankrupt - " your water arrears won't go in, they are utilities so exempt!"........strange.

DD

CIS

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.

That's true , if they have a levy and have 'secured' the debt then they could enforce it but I don't know any council who do.

Mouse1812

I agree with everything said above - I’d even suggest you are NOT allowed to pay, that would be a preference. Whilst they retain the “technical” right to attempt to levy, they have no right to force entry to do so. Keep them out and there is nothing else they can do to collect.

If you can handle the technical reading (heavy going) its all here

The choice bits are:

9.37

Where the official receiver is aware that there is a creditor who may seek to levy distress against property that is comprised in the bankruptcy estate he/she should take all necessary steps to protect and preserve the property in question.

A creditor with power to distrain may also levy, for an amount due prior to the bankruptcy order, against exempt property (but this is subject to any limits in the power to distrain (see paragraphs 9.6 to 9.14) and the distrainor’s code of practice) or property acquired by the bankrupt after the order (whether or not in the latter case the property has been claimed by the trustee). This action may result in a challenge under The Human Rights Act 1998.

sort_me_own_yard_out

OR office told me that at least it was for only 647.43 it could be thousands. Not sure he grasped the fact that I am so brassic I am bankrupt so wouldn't matter if it was 647 or 60 thousand if I don't have it I don't have it.

I hope to god they don't question utilities as I have £1900 to e-on oh dear me!

Thanks all again for this wonderful board!