Council tax clawback after br

kimplus8

Hi there, haven’t posted in a while but after some advice.
I went bankrupt on 20th April 2017.
My OR declared all my 16/17 years council tax be included in the BR and I received a letter from the council to say my liability for council tax would restart on 1st April 2018
I have now received a council tax bill for £600 saying that as my entitlement to ct benefit has changed due to my earnings they are now entitled to clawback my council tax for 17/18 and I am liable again.
I’ve had enforcement agents at the door and I’m so scared that they will come into the house that I’ve got all doors windows and gates locked.
Is this correct? If I owe the money then of course I will pay it but if not then I’m not sure what to do.
The enforcement agent has been the last 2 Saturdays despite me showing him my br order and the letter from council saying I’m not liable till 2018.
Any advice is welcome tia.:A

kimplus8

Sorry that should say 17/18 not 16/17

CIS

In most cases it would be a new debt that you would have to pay. The debt itself wouldn't exist at the time of the bankruptcy as it was not created until the revised council tax calculation was made. I would always recommend speaking with the OR as they will sometimes reinterpret how they deal with things.

In most cases for enforcement agents to be chasing it has to have been adjusted a couple of months ago (to go through the process of bill, reminder, summons, liability order). Did you not contact the council when the demand notice or reminder was issued to see what they said ?

What may be an issue is the enforcement agent trying to enforce a debt against a person who is bankrupt it may be worth checking that side with OR as it's not something I'm sure on as to the specifics of that.

kimplus8

CIS wrote: »

In most cases it would be a new debt that you would have to pay. The debt itself wouldn't exist at the time of the bankruptcy as it was not created until the revised council tax calculation was made. I would always recommend speaking with the OR as they will sometimes reinterpret how they deal with things.

In most cases for enforcement agents to be chasing it has to have been adjusted a couple of months ago (to go through the process of bill, reminder, summons, liability order). Did you not contact the council when the demand notice or reminder was issued to see what they said ?
What may be an issue is the enforcement agent trying to enforce a debt against a person who is bankrupt it may be worth checking that side with OR as it's not something I'm sure on as to the specifics of that.

I did contact the council when I first had a bill and they said that it was sent in error as an automated thing and to ignore the letters and they would adjust it to include the write off. however when I phoned them today they basically said the same as you just have and said I am now under a clawback for the period of sep oct and November as I lost my ct benefit entitlement during these months.
the main problem is that when you go into the council office or call them you seem to get a different answer depending on who you have spoken to.
thanks for your reply and I will tackle the council again tomorrow and see what they say, then ill contact the OR

National_Debtline

Hi kimplus8 (and CIS!)


I have subscribed to this thread as I'm curious to see whether the council continue to insist that this is recoverable as a "new" debt, and what your OR makes of this. Any updates are welcome.


What is worth stressing in the meantime is that these enforcement agents have no greater powers than they would in "normal" circumstances. That means they cannot enter through a window - locked or otherwise - and cannot break in full stop if you have never allowed them entry previously.


Dennis
@natdebtline

Samsung_Note2

Sorry to go off topic slightly..but OP mentioned locked gate.

Assuming gate is 3ft high..can they climb over gate or is the fact its locked means they cannot gain entry onto the grounds of property.

CIS

Samsung_Note2 wrote: »

Sorry to go off topic slightly..but OP mentioned locked gate.

Assuming gate is 3ft high..can they climb over gate or is the fact its locked means they cannot gain entry onto the grounds of property.

Entry in to a 'premises' should be by the 'usual means' - old case law allowed to some extent for garden walls etc to be climbed to gain access on to a property but I'm not sure if there have been any cases under the amended regulations to test the current waters. Most of the rules of entry are with respect to actually entering a premises rather than the surrounding land.