Threatened with prison/bankruptcy

deepindebtor

I've received a letter today regarding outstanding council tax debt from a council in England, I live in Scotland now.

They are threatening to commit me to prison or apply for bankruptcy.

They say I must meet with a council representative at the court or pay the full amount before that date.

As I now live nowhere near this town I am unable to attend, its just not feasable and I certainly don't have the full amount (£1418)

I am on a low income and unable to pay the full amount.

I do work, for myself, but the wage isn't great, it keeps me off the dole but if I am made bankrupt I will have to stop and give it up and end up being another benefit claimer, which I would rather not either.

What are my options?

(There are complications as to how this debt came about, which the council were to blame for but will not accept responsibility for, I do need to pay the money, but please don't judge too harshly!)

triple_choc_chip

Don't ever ignore a court summons.
Ring the court and see if you can have the hearing transferred to your local court.
Also make sure you complete and send the financial questionnaire in time as this will be very important if they make a judgement in your absence.
Ask at CAB or other similar org. for free advice, but be pro-active and do something or you will be in an ever worsening situation.
Good luck

pauletruth

pretty sure that the debt has to sent to a Scottish court. also pretty sure prison is not an option in Scotland.

are you on benefit ask them to take it from that or an attachment of earnings order.

remember your in scotland now english law does not apply.

remind that council of that fact.

but you will still need to find a way to pay it.

pauletruth

and they can;t bankrupt you for a thousand pounds.

the options are sheriffs offices taking stuff they prefer not to. you making an arrangement to pay and keeping to it.

arresting your bank accounts.

attachments to earnings/benefits.

[Deleted User]

pauletruth wrote: »

and they can;t bankrupt you for a thousand pounds.

That depends on jurisdiction.

Under Scottish Law, the minimum debt, for someone to make you bankrupt, is £3,000, but under English Law, it's just £750.

pauletruth

op is in scotland.

[Deleted User]

But the debt was accrued while he lived in England, and is owed to an English Council.

CIS

Any action would be taken through an English court - if it went to committal to prison then the hearing would be at a magistrates court in the council's area. Failure to show for the hearing will usually result in the issuing of a further summons to appear or an arrest warrant being issued, it would depend on what the court wanted to do.

[Deleted User]

CIS wrote: »

Any action would be taken through an English court

So would the £750 limit apply?

pauletruth

nope they are resident in scotland therefor the scottish court system applies. same as any other debt. i would love to see them trying to get that past a scottish judge.