NEWLYN are coming my home.....really scaring me

undaunted

dancingfairy wrote: »

The bailiffs can't send you to prison but you do need to speak to the council and get this sorted.
Df

True, though if the Council have previously obtained a liability order against you they could ultimately return to the Courts and ask for your imprisonment if you don't start looking to resolve this. Obviously they would only do so as a last resort & you are very unlikely to end up in prison over this as long as you act sensibly. Do not therefore start telling them lies - that would be far from sensible. If you are unsure what to do or say perhaps you should have sought some advice before making the appointment for tomorrow / can still rearrange it for a point after which you have done so - preferably providing them with evidence of your appointment in place before seeking to do so.

Whether you have any other debts I can't tell from your posts but as per the original reply you received I would say please do yourself a favour and contact someone such as National debtline, stepchange the local CAB for an appointment, detailed assessment of your circumstances and individual advice as a matter of urgency.


Good luck

undaunted

finley909 wrote: »

I could be wrong but I'm sure there is a statute of limitations of council tax. I'm sure someone wil be alonge to correct me but I think the council needs to have actively persued the debt within the last six years to be able to take any action.

Good luck with the council and let us know how it goes.

Not quite true, Councils should not seek to obtain a liability order more than six years after the debt became due but if they have previously obtained such an order within those 6 years they can still enforce it later than 6 years after the debt became due.

finley909

undaunted wrote: »

True, though if the Council have previously obtained a liability order against you they could ultimately return to the Courts and ask for your imprisonment if you don't start looking to resolve this. Do not therefore start telling them lies. If you are unsure what to do perhaps you should have sought some advice before making the appointment for tomorrow.

Whether you have any other debts I can't tell from your posts but as per the original reply you received I would say please do yourself a favour and contact someone such as National debtline, stepchange the local CAB for an appointment, detailed assessment of your circumstances and individual advice as a matter of urgency.
Good luck

The Council would have had to obtain a Liability Order for them to progress the debt to an enforcement agent.

Committals to prison are few and far between. They are usually cases where people willfully refuse to pay council tax for years (won't payers, not can't payers) and are doing so as a form of protest. It is not in the council's interest to go down this road as they get nothing back and it actually ends up costing them. This would not happen for an aged £1000 council tax debt.

finley909

undaunted wrote: »

Not quite true, Councils should not seek to obtain a liability order more than six years after the debt became due but if they have previously obtained such an order within those 6 years they can still enforce it later than 6 years after the debt became due.

That's it! I was nearlly there.

undaunted

I agree that, whilst it is not stated anywhere by the poster if Newlyn are baliffs then the Council almost certainly do have a liability order already.


As I previously suggested above I also agree that it is unlikely to happen - if the poster is sensible - but nevertheless imprisonment is an option which the Council does have if the poster doesn't start looking to resolve this more sensibly than is suggested above.


Unfortunately, presumably in an attempt to calm the posters possible panic, this fact wasn't made clear to them in the opening reply and the poster seems to me to have taken that literally / out of context.


Being found lieing to the Council in an attempt to evade demands for payment - as they alluded to above - having already not paid the debt for 10 years might well, I suggest, provoke the Council into believing this is a case of wont pay.


Once they find that the poster is working (assuming that this is legitimate, stable and reasonably paid work) - and they will quite possibly still find out in the end should you lie to them - it is more likely you'll see them seeking an attachment of earnings order (basically deductions from your wages to be paid directly to them) for an affordable monthly payment than worrying about either imprisonment or the expense of baliffs seizing goods I suspect.

National_Debtline

Hi again jitcouncil

jitcouncil wrote: »

Many Thanks for the reply and really appreciated your time.

I have just spoken to the council over the phone and they asked some previous address where i was staying for the last 14 years dated back since 2002. Because I was sharing with friends and others and my name wasn't there on the previous houses bill.

And finally, they told me to come for appointment tomorrow at 9am to talk more on this. And it is really scaring me again what will happen, what questions they are going to ask and how I need to reply them.

All I want to say that as a genuine victim, I came as a international student that time and I don't have any college letters that proves to get any exemption now. And also I wasn't staying for 1 year that time in that property. And now the NEWLYN bill is £1100 +.

1) Anybody know that what council is going to ask questions and cross questions with me tomorrow.
I don't know what questions they will ask, but I would see it as a positive development that they have invited you in to discuss the situation. Councils normally refuse to deal with debtors while bailiffs are involved. Tomorrow's meeting is an opportunity for you to explain your circumstances and possibly persuade the council to take the debt back from Newlyn.

2) Actually I am working now, shall I say that I am not working and my wife only works. This is to avoid in order they force us to pay £1100 + for which I wasn't staying in that property for 1 year.
DO NOT give them false information about your circumstances. This is a very bad idea. I don't think I need to elaborate.

3) if NEWLYN manage to come my home, any idea what time and days they usually visit us?
4) Do they also visit us on the weekends (Saturday and sunday) and at what time?
5) do they also visit us after 6pm everyday?
Newlyn are unlikely to visit you more than once or twice. Their fees are strictly limited so they cannot keep adding costs for each visit.

Again, I would recommend that you speak to one of the free advice charities recommended by other posters above. You need to ensure that you are getting comprehensive advice and that is not always possible on an internet forum.


Dennis
@natdebtline

dancingfairy

Yes, it's technically possible you can go to prison for not paying council tax but I have never actually heard of that happening. It also would not be up to the bailiffs but the council who would have to go to court first. The chances of it happening are almost bill. The ops first language is not English and I was trying to reassure him.
To the original poster - you say you were a student at this time? Presumably you or the council can contact the college or university you were studying at and they will provide you with a letter or certificate confirming you were a full time student.
Regarding the bailiffs, they do not want your items. What they want is to be allowed into your house to list your items. They can then add hundreds of pounds in fees it also is a pressure tactic to make you pay up. Let's face it, they really don't want your items, all they want is you to pay up as quickly as possible.
I hope your meeting with the council goes well tomorrow. Ask them to contact the college/ university to confirm you were a student and ask them to recall the bailiffs.
Df