Can I include 2013/14 Council Tax in my BR petition

NewStartGoneWrong

I know I'm liable to pay my 2013/14 CTax liability but does this have to go in my unsecured debts part of my BR parts.
It's a debt but I know it's excluded by BR but does it have to be put on the debts list

I'm sorry if I sound panicky, I'm in front of the judge tommorow and don't want my BR refused because of some stupid clerical error.

Who ever said it was like riding a roller coaster, ups downs, and inside out, upside down is right, I know this will be ok but if its going to happen then it will happen to me right I'm off to check my forms again, goodness knows how many times I've done this today.......

Oh fast forward me to this time tommorow..if only

hButterflyH

I am pretty sure that it needs to be included in your monthly outgoings rather then debt.
Also I wanted to wish you good luck for tomorrow. It honestly wont be half as bad as you imagine it to be.x

debt_doctor

Hi,

You need to put your monthly payments of c/tax in to your SOA as a monthly expense. The most you could be in debt with this years c/tax is the April missed payment (if that has already become due). If that is the case then put that 1 payment in as a debt.

DD

Sunshine2114

I'm interested in this .. We have out 2013/2014 council tax listed as a debt as its fir our old house which till the reposession is complete we still have to pay council tax but cant afford it as we pay for our new house. Council tax said I could only include the months up till BR done which is on the mirning and CAB said whole bill :-( a d let them fight it out as i can't afford two lots

debt_doctor

40.101 Council Tax
(Amended January 2012)
Each District Borough Council levies and collects a tax, called a council tax which is payable in respect of dwellings in its area. The occupiers of the dwellings have joint and several liability for council tax. The rules for the collection of council tax are found in the Council Tax (Administration and Enforcement) Regulations 1992 URL="http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#3"][COLOR=#0066cc]Note 3[/COLOR][/URL.
At the beginning of the year the local authority issue a ‘demand notice’ in respect of the property URL="http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#4"][COLOR=#0066cc]Note 4[/COLOR][/URL. This notice is an estimate of the council tax due based on the assumption that the tax payer will be in residence for the entire billing period and that the property will remain in the same council tax band. The ‘demand notice’ sets out how much an occupier should pay and when the payments should be made. This is usually by 10 instalment payments.
If an occupier fails to make a payment set out in the ‘demand notice’ the council will issue a reminder letter. The tax payer will then have 7 days from the date the reminder was issued to pay the instalment amount. If the payment is made within the 7 days further payments will fall due as per the demand notice. Failure to pay the instalment within the 7 days will render the entire years remaining council tax liability due and payable 7 days after the date of the failure (i.e. it all becomes due and payable14 days after the date the reminder was issued) URL="http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#5"][COLOR=#0066cc]Note 5[/COLOR][/URL.
If a further instalment is missed a second reminder will be issued giving the tax payer 7 days to make the payment. The consequences of the second reminder are the same as for the first.
Upon the issue of a third reminder the entire years remaining council tax liability will become due and payable immediately, a 7 day period is not allowed to make the outstanding payment URL="http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#6"][COLOR=#0066cc]Note 6[/COLOR][/URL.


Legal advice received provides that the following amounts of council tax are provable debts in bankruptcy:

1. All arrears outstanding at the date of the bankruptcy order.
2. The monthly instalment for the month in which the bankruptcy order is made if the date for payment has passed and the payment has not been made.

Further, where the bankrupt has failed to comply with a reminder notice and as a consequence, the whole amount of the council tax for the year is due and payable the whole amount is a provable debt in the bankruptcy.
A liability order is only required to be obtained by the local authority for enforcement purposes (e.g. to levy distress against the property of the bankrupt) and not (as indicated above) to request the full years tax liability from the tax payer as being due and payable. A local authority is only able to levy distress for a debt provable in bankruptcy if they have obtained a liability order prior to the date of the bankruptcy order.

So......
You would have had to have received a reminder notice for the missing April payment plus at least a further 14 days past the reminder issue date for the whole years council tax to become due and provable in BR.This would be the earliest point in the council tax year that the whole amount could become due.

DD