HELP ! recently bankrupt - BAILIFF COMING TOMORROW!

tigerfeet2006

YUP! my thoughts exactley and I've just put a hypothetical question to one of the helplines and they agree

rog2

Richard_S wrote: »

Outstanding Council Tax up to the date you are declared bankrupt is included in your bankruptcy. The problem is that so many Council officials think they're above the law and that the rules don't apply to them; bailiffs seem to be just as bad.

Richard is absolutely correct here, dreamon. For peace of mind, I suggest you telephone the OR immediately.
Councils do not go through the County Courts for outstanding Council Tax - they go through the Magistrate's Court and obtain a liability order rather than a Court Judgement. They should, also, give you notice (I believe it is 14 days) of any impending Bailiff Visit.
Do not let the Bailiffs enter your property - a 'foot in The Door' is not considered 'Peaceful Entry'.

jude47

Hi There

I was a CTax recovery officer for 10 years (I know, I know, but I left the dark side 18 months ago!) and the situation is this - CTax is a Statutory debt and as such doesn't come under the normal rules regarding proveablility. The Council will have obtained what's called a Liability Order in the Magistrates Court and this gives them the right to instruct bailiffs if the debt remains outstanding. However, and it's a big 'however' - when you declare Bankruptcy CTax is indeed included. Normally what happens is the CTax account is split from the date of BR and anything up that date is included, anything after is payable in the normal way.

It seems to me the bailiffs are just trying it on and generally their staff aren't particularly clued up on what they legally can or cannot do. I would agree with other posters that if they do turn up, call the police as there's a potential breach of the peace. Hope this helps and let us know the outcome.


Jude xx

Broken_hearted

Try not to think about it have lunch, if they come they come this late it looks like they arn't going to bother.

dreamon_3

Thank you all again - you are all such a great bunch with so much info - bless ya

Ok an update : bailiff did not turn up as promised - grrrrr :mad: - or should that be :j ? - i'm so confused and depressed I don't know what I should be feeling - anyway - the OR did not phone me back but a bloke from the Council did :eek: - blimey - he said he would inform the bailiff office and will put a hold on it for two weeks to await info from the OR

So that it one down for now - I will keep digging that escape tunnel just in case another one turns up

Thanks again

maxmycardagain

i have this mental image of that film.....chicken run.........

dreamon_3

maxmycardagain wrote: »

i have this mental image of that film.....chicken run.........

Yeh that would be about right - I'm the good looking one by the way

tigerfeet2006

dreamon wrote: »

Yeh that would be about right - I'm the good looking one by the way

Good to see you can laugh in the middle of all this . I'm sure it helps.

Why-oh-Why_3

I thought if you were made bankrupt the council include any arrears into this, or thats what I was told when informing the council of my problems, was I informed incorrectly... Hope you are ok dreamon, must be very stressfull.

fiveyearplan

I'm so confused on council tax and BR that it is one debt I'm trying to keep up to date on! So far only one month behind.