My bankruptcy

jude47

Hi Dee

I know I'm right and I couldn't agree more with Dalip - keep at it until the OR contacts the Council. My team used to deal with daily notifications from the OR and it was part of my job to 'write off' the balances - back then I hated having to do that, as you can imagine!

If you still have no joy, post again or PM me and I'll give you chapter and verse of the Local Government Finance Act(s) (as amended) for you to chuck at them.

Take care

J x

smiales

jude47 wrote: »

Hi Dee and welcome!

As some people may know, I was a CTax recovery officer for over a decade, during which time I also recovered unpaid business rates and I can tell you that both ARE msot definitely covered by Bankruptcy. My Council would never have permitted it, but some Councils and most DCA/Bailiff firms retained by Councils, will tell you anything to get you to pay at least something off the debt - don't forget that with a DCA or Bailiff, the first couple of hundred pounds you pay simply covers their costs! Report these debts to your OR who will notify them in writing - although they generally write to local authorities as a matter of course just in case someone's forgotten to mention this type of debt, even if it's not on their petition form.

Good luck with your interview, and keep us posted!

I too am an ex business rates and council tax recovery officer and Jude is absolutely right! Basically you would have new accounts started with effect from the BR date, any debt previous to this would be included in the BR! Get on to them.

dee1565

Thanks for all the replies on this. I have just tried the OR office again and asked to speak to the OR. I got put through to a clerk not the OR and asked to speak to the actual OR. The clerk said I had to speak to them, told them the problem they said they would speak to someone and ring me back, when I asked who they were going to speak to they said the assistant dealing with my claim, this is who gave me the advice 4 weeks ago that this action can continue so i'm not going to get anywhere this way am i.

No matter how hard I try I cant seem to get through to the OR themselves.

Dee

betterlatethannever

Grrrr. maybe time for a letter, with FAO the OR/his name on the front.
not sure if it will get you anywhere though but might be a start.

Another idea might be to call Community Legal Services Direct. 0845 345 4 345. I found them a great help with a problem. Got to be worth a call to see if they can help at all.

dalip

Or you could ring the IS helpline and speak to them.

Good luck we will get this sorted one way or another hang in there>D

dee1565

Thanks guys, what a nice thoughful bunch you are, i will try ringing both.

fermi

You might have more luck if you ask to speak to an Assistant OR or case manager rather than just a clerk, especially if you stress the urgency of the issue.

But it can be a pain to speak to anyone with even a small amount of authority at times.

peachyprice

dee1565 wrote: »

The council insist the action has gone too far to stop and the bailiff say they cant stop it unless the council tell them too. .

The council are talking complete rubbish they have the power to call off the bailiffs in a jiffy. They are in effect giving themselves an unfair advantage over all your other creditors, which simply is no allowed. I cannot understand why the OR cannot see this.

Bailiffs for council tax came to our door when we got back from court the day we went BR, we showed them the BR order and away they went, we never heard from them again.

fermi

Just to add, even if they still have the right to go after goods, they can't take anything that you need for your domestic needs.

9.11 Local Authorities (amended May 2006)

Local authorities are able to distrain for unpaid council taxes and non-domestic (i.e. business) rates. Their right to distrain is contained in the Local Government Finance Acts 1988 and 1992, the Non-Domestic Rating (Local Lists) (Collection and Enforcement) Regulations 1989 and the Council Tax (Administration and Enforcement) Regulations 1992. Distress may only be levied once a liability order has been made by the magistrates’ court.

The right of Local Authorities to distrain for pre and post insolvency order unpaid council tax and non domestic rates is exercisable at any time, including after the bankruptcy order and even against property comprised in the bankrupt's estate. The only exceptions are where an application under section 253 for an interim order is pending whereby under section 254(1)(b) the court may forbid the levying of distress, or where an interim order has been made under section 252, in which case leave of court must be obtained before distress is levied.

Where the official receiver is aware that there is a creditor who may seek to levy distress against property that is comprised in the bankruptcy estate he/she should take all necessary steps to protect and preserve the property in question.

Only the goods of the person assessed to pay rates can be distrained upon. Goods which are situated in a dwelling house and are reasonably required for the domestic needs of the debtor and his family cannot be seized when distraining for unpaid council tax. Rented or hired goods and utility fittings are also exempt from distraint for unpaid council tax. Where goods are seized they are generally not put up for sale for 5 days in order to allow time to pay the outstanding amount plus the costs of distraint.

Where steps have already been taken by the local authority to recover a debt by insolvency proceedings or another method open to them (e.g. by attachment of earnings (see paragraph 9.125) or a charging order (see Part 4)), distress may not be levied. Where a local authority obtains a committal warrant against an individual who subsequently becomes bankrupt, the bankruptcy court has jurisdiction to stay the committal proceedings (which are punitive) (Re Smith (A Bankrupt) [1989] 3 All ER 897).

Notes: [Local Government Finance Act 1988 ch 41 sch 4(II) para 7 and Local Government Finance Act 1992 ch 14 sch 4 para 7, Non-Domestic Rating (Local Lists) (Collection and Enforcement) Regulations 1989 part III reg 14 and Council Tax (Administration and Enforcement) Regulations 1992 reg 45] [s347(8) and (9)]

dee1565

I rang both numbers and am awaiting call back from both. Something else that might be of interest, I have been waiting for the bailiffs to call now for 5 weeks, they cant tell me when they are coming. If I am out when they attend I will be charged for them coming out so every morning for the last 2 weeks since I found this out I have had to ring the bailiff company every morning asking if they are coming today. They were going to come out 10 days ago but got held up and took my case back to the office, so now I am waiting again. Its all an absolute disgrace in my opinion, I have accepted there is nothing I can do, I have emptied all my cupboards etc so that they can take them and this has been going on for 5 weeks now. At least I am learning a lot! Dee.