urgent - enforcement action by council when bankrupt

divorcedclaret

Please help.
I am feeling sick with worry.

I went bankrupt in November last year and included was council tx arrears for an empty property owned jointly with my ex-wife which is going to be repossessed. The council tax was the last straw to me going bankrupt as my ex wouldn't go halves on it or discuss and there was an attachment to earnings order made against me in the October but nothing was taken out of my wage because of my bankruptcy.

I have now received a letter from the council saying ENFORCEMENT ACTION NOTICE

They are saying because a liability order was granted that they are going to seize goods or take other action.

I have nothing of value to take except a laptop worth £300 or £400 but live with my Father who is not in the greatest of health and I am worried about the effect on his health and on the little income I have if they do an attachment to earnings again.

I am sick with worry and really could do with some advice as I have to wait until Monday to speak to the council. Can they enforce this ? If so what is the point of including it in bankruptcy ?

Thanks in advance

DCFC79

Surely if you have nothing of value to pay it off nor get the amount of money then you will be asked to setup a payment plan.

divorcedclaret

I still have my income. I earn £1260 per month net but it all goes in expenses hence the BR. However I'm worried they can take some of that which will leave me in an even bigger mess.

I have no assets, but thought that bankruptcy would be the light at the end of the tunnel and the chance to re-build my life.

If they take enforcement action they add extra costs which means after taking the choice to go bankrupt and start again I will still be in debt.

Meanwhile I have an ex-wife who has more income than me as she gets £1000 per month in benefits for the children on top of her wage and she somehow is not paying any of the council tax. They are going solely after me as I have the higher "earned" income as they don't take tax credits into account. I'm not bothered she's not paying but it feels desperately unfair given I was supposed to have wiped the slate clean with bankruptcy.

fermi

Doesn't sound like anything is imminent, so don't panic.

In most of these cases if covered by the BR, and even if a LO has been granted, enforcement action can be stopped or cannot carry on I think.

Talk to your OR and the Council on Monday. There are a few others who are more familiar who may pop in with info over the weekend.

divorcedclaret

thanks fermi
reassuring words as always from you

CIS

If you went bankrupt in Nov then you will continue to accrue an ongoing council tax charge for the property so you will continue to have problems until the property is occupied or disposed of. Any charge due from then onwards needs to be addressed - you also need to make the council aware you were bankruot.

divorcedclaret

This is for pre-bankruptcy council tax covered by the LO

They are aware of my bankruptcy and that is why the attachment to earnings was stopped.

Anything for the new year will be paid although it will be tight

debt_doctor

Hi,


In bankruptcy (not DROs) then the whole of the years c/tax liability is included in the bankruptcy whether any reminders were issued, any payments missed or whether a LO was issued or not.
So it appears that if you went BR in November then all of your years liability has been included up to the end of March this year.
If my reading of the dates are correct, then you should make a formal complaint to the council to stop all enforcement action otherwise you will escalate your complaint to the section 151 officer and potentially the Local Government Ombudsman.


DD