New worrier - court summons, defaults, arrears and husband with no job

kaah

Hi everybody. I am hoping I can get some advice and reassurance that there is light at the end of the tunnel. My husband was made redundant a few months ago and still hasn't found a job. I have received a court summons for 328 unpaid council tax from last year and also a final notice for this years arrears (207). We are in arrears with almost everything else too but this is the one I am most worried about as I know it can result in jail. I have paid 200 online since receiving these letters and assuming this is going towards last years bill I will have paid it off before the court date on 29/5. Then I just have the arrears to worry about. I am so worried this may result in another summons. I just cant keep on top of my bills any more. We are barely surviving. I work fulltime so we aren't entitled to any benefits other than my husbands job seekers allowance. I can't see how things will ever get better. I am so scared of losing the right to pay by installments but obviously more scared of jail. I have a daughter and I can't bear the thought of what might happen. Im sorry this is a long winey post. I haven't lent this out to anyone so am just venting on here. Is there anything I can do to avoid another court summons? And losing my right to pay by installments? Paying a full years coucil tax in one go is just impossible for me. I am usually a very happy person but have sunk into depression due to these money problems

pauletruth

speak to the council before it goes to court. have you applied for council tax benefit or whatever its called now. don't worry your not going to jail. however once its gone to court they will hand it over to bailiffs.

kittiej

I agree with paul - you will not go to the klink.

Phone the council and see if they will negotiate, they will likely say that it's gone to court so the costs will be added but that's life.

You sound as though you have other debts - do you want help with these as well?

What sort of wage do you earn - just wondering if you are entitled to benefits since they can be income based and not whether you work full time or not.

HTH a little x

kaah

pauletruth wrote: »

speak to the council before it goes to court. have you applied for council tax benefit or whatever its called now. don't worry your not going to jail. however once its gone to court they will hand it over to bailiffs.

Thank you for replying. We aren't entitled to council tax benefit I'm afraid. I don't know why or how they work it out. We have both always worked and are married so I have just assumed that is why. I will phone the council on my lunch break on Monday and see if they can give me a little extra time.

kaah

kittiej wrote: »

I agree with paul - you will not go to the klink.

Phone the council and see if they will negotiate, they will likely say that it's gone to court so the costs will be added but that's life.

You sound as though you have other debts - do you want help with these as well?

What sort of wage do you earn - just wondering if you are entitled to benefits since they can be income based and not whether you work full time or not.

HTH a little x

Thanks. I will phone on monday and hope for the best. I can pay the arrears, just not in such a short space of time. Hopefully they will give me a little longer. We do have other debts that have defaulted and we have agreed payment plans with the collection agencies. Not ideal but I'm not as worried about them as the caouncil tax. I earn just over 1000 per month. I have checked our entitlements to other benefits but we aren't entitled to anything. Not even tax credits because they are based on last years income.

Thank you both for your replies. I'm feeling a bit better now.

kaah

Do either of you know if they will stop my entitlement to pay by installments like tje letters say? I 100% can't afford to pay for the rest of the year up front

kittiej

Well I would say it's a bit short sighted of the council if they expect you to cough up the full amount. I will say though that if you ask for instalments to be re-instated that you can keep to it.

Maybe CIS can shed light on this when they are present.

Whatever you are told put a form in to apply for benefits because that is the only sure-fire way of knowing or consult CAB, National debtline etc

Also maybe you are paying too much to the debt collectors? Pay them less and the council more is what I say.

hallowitch

ok lets start with JAIL

you will not get sent to jail for non payment of your council tax because you cant afford to pay jail is only for people who wont pay not cant pay (wilful refusal or culpable neglect )

your court summons for last years council tax is for 328 (do you know if the summons costs have already been added or if its £328 plus costs )

don't assume the payment you made has been taken off this debt you must find out what year this payment has been allocated to

as I see it you cant afford to bring this years account up to date and pay last yrs before the court date

either way you are going to have 1 or 2 liability orders

you should write/e-mail the council with a payment proposal NOW do not wait for the liability order to be granted (this will not stop the liability order ) I would assume your council will want at least the amount you should be paying per month + something off the arrears'

e.g if your council tax is £100 per month they will probably want £100 + so this yr is paid by march 2014 and £x of last yrs arrears'

kaah

Thank you for your reply. I am going to contact the council on Monday and hopeully they will agree to some kind of plan that gives me a bit extra time. I will update back here and let you all know how it goes. It's a relief to hear that they won't send me to jail if I am agreeing to pay

CountingPennies

kaah wrote: »

I will phone the council on my lunch break on Monday and see if they can give me a little extra time.

You sound incredibly stressed. Since your husband is not working, could he not call up and deal with this for you to take the weight off a bit?

RE arrears. I echo what the above poster said, you (or hubby) must contact them to see where the £200 has gone. Also i'm in a very similar position to yourself. I pay my arrears, plus my usual monthly payments for this year. I haven't tried to re-negotiate this years payments as i know it has to be paid, however they are allowing me to pay over 12 months rather than the usual 10 due to my arrears which does reduce the payments a little. I found my council to be really helpful. I was at my wits end and they really helped me to calm down and not to worry.

Failing that, if you find your council to be unhelpful then make an appointment with your CAB as soon as possible. Make sure you write down who you speak with at the council, the times and the dates. Mainly just to show you are trying to deal with the debt, not run away from it, so CAB can fight for a suitable payment arrangement for you.

I know its easy saying not to worry, but its the weekend, there is nothing you can do now till Monday.

If you have other debt why not post a SOA here for people to go through. There are some fab people here who will be able to offer advice on how to reduce your outgoings.

Good luck! And do let us know how you get on. Hopefully your council will be as helpful as mine.

hallowitch

kaah wrote: »

Thank you for your reply. I am going to contact the council on Monday and hopeully they will agree to some kind of plan that gives me a bit extra time. I will update back here and let you all know how it goes. It's a relief to hear that they won't send me to jail if I am agreeing to pay

once you phone the council back up your call with an e-mail and get the agreement to pay in writing (an agreement to pay wont stop the council going for the liability order

this is what I would do
If the £200 has been allocated to last yrs account I would pay the reaming £128 (+ summons cost if they have not been added to the balance outstanding)before the court date
this would leave you with 1 liability order for this year

If the £200 has been allocated to this yrs ask if you can bring your account up to date and continue with the usual monthly council tax payment
if this is agreeable again it will leave you with 1 liability order

I don't know if it possible but if the £200 has been allocated to this yrs and they still insist in stopping you right to pay by instalments and intend to peruse the liability order
I would ask them to reallocate the £200 payment to last yrs and try pay the £128 before the court date

hopefully that way you only end up with 1 liability order