Lost court cost expenses

blackstar

Hi al

I have a debt of 10k from the council

It has not gone to the bailiffs yet as very early. I jave mit got a formal letter yet from the council Ive just been told what the amount is.

Does it matter what the debt is actually for from the coincil as to wether they offer a payment plan? Its mot council tax debt its debt from losing a coirt case against the Council.

I am disabled and on Universal credit. It was a Judicial Review in Scotland and a civil rights case in a social care case.

Anyone had a similar experience?

What is likely to happen? Will the letter say thr amoint in full and then say I am expected to pay X amount in installments or will it say if you have trouble paying then contact us to set up a payment plan?

Thanks all

MattMattMattUK

https://forums.moneysavingexpert.com/discussion/6656370/lost-court-cost-expenses

The full amount is payable immediately, if you are unable to pay then they will need to go back to court to enforce the debt, which if you are unable to pay will involve the court applying a payment plan based on your ability to pay.

sourcrates

No one on universal credit will be expected to have 10k lying around gathering dust, unless the council are moronic, I would expect them to realise this.

The initial invoice may say payment is due immediately, but in reality you can contact them and set up a payment plan according to your available disposable income, which I`m guessing won`t be a lot.

I have a similar arrangement with my local council for a 35k care debt left by my late Brother (long story).

Keep in mind, no matter what a letter might say, they can`t take what you don`t have.

ManyWays

Are you renting? Social or private?

blackstar

https://forums.moneysavingexpert.com/discussion/comment/81893771#Comment_81893771

Thanks for that. What happened with the care bill? Did they write you a letter with the amount you owed and there was an option of a payment plan in the letter or did you have to contact them to ask about a payment plan.

Guessing you were responsible for paying it? Guessing you are paying in instalments monthly? Do you mind if I ask what it is? Yo7 dont have to say.

Do you think its the same ie option of a pay plan regardless of f its for council tax arrears,, social care debt or court cost expenses?

Im just terrified they will say as its for a court cost expenses then no payment plan and will take your small amount of savings you have leaving you with £0.

sourcrates

No one can just take your savings to pay a debt, that would be theft.

Court costs are rarely paid straight away in full, a payment plan is more the norm than not, so you insist on a payment plan, as what is the alternative?

In my case my Brother had a house, which I also lived in, in order for me to not sell that house, I volunteered to pay the care debt over time, it has been secured by a charge on the property, my council were quite amicable.

blackstar

https://forums.moneysavingexpert.com/discussion/comment/81893814#Comment_81893814

Thanks..so you have a payment plan you pay monthly with the council now?

sourcrates

https://forums.moneysavingexpert.com/discussion/comment/81894014#Comment_81894014

Yes, I like where I live, and didn`t want to sell to pay some extortionate care debt, they were charging 4k a month, his pension offset that a little, but still left a significant debt.

You just need to speak to your council about this, I`m guessing you won`t be able to afford that much, so work out what you can afford, and take it from there.

What is your housing situation, do you own a house, or pay rent?

Was this a good idea given the outcome?

blackstar

https://forums.moneysavingexpert.com/discussion/comment/81894031#Comment_81894031

Glad you got a payment plan in place. Did the council offer it in the inital letter? Or did you have to phone and ask?

Did you have to provide proof of income and expenditure or we they quite laid back and accepted what you said you could afford to pay monthly?

OOhh I own my home and still have about 100k left but only got the mortgage about 2 years ago. Mother put a deposit down as I couldn't afford one.

Was it a good idea the court case, based on everything I was advised it had a high degree of success and was party litigant but absolutely no one expected the outcome from the Judge.

Highlanddream

https://forums.moneysavingexpert.com/discussion/comment/81894140#Comment_81894140

Feel for you.

Can't offer any useful info other than the council will be thankful to get anything and will be happy with a payment plan - I work for a local authority. 😒

blackstar

https://forums.moneysavingexpert.com/discussion/comment/81894957#Comment_81894957

Thanks for this. Can I ask you a few questions please?

1. Guessing you work in a department in a Local Authority and have some experience in people who owe money to the LA?
2. Are you based in Scotland? (Just maybe Scotland is slightly different)
3. Have you at work come across people who have taken the LA to court and lost and expenses were awarded against them?
4. If so, how was it dealt with? Was the debt dealt with directly within a council department or anither company like Scot and Co or the Solicitors who the LA used in a court case?
5. The people you came across who had debt from losing a court case with the council,.did they all set up payment plans?
6. Did those people have to provide their bank statements to the council?
7. Did those people have to say how much they had in savings and hand it over? Just I am terrified ss I have saved up a small amount of savings which is for any emergencies and terrified they will make me hand it over. :( keeping me up at night that thought.
8. Did those people (court case debt).simply have to just say what they could afford to pay in installments and that was sufficient?

You can probably tell.I am worried 😫