Repost IVA and demand from Newlyns
Hi
I entered into a voluntary IVA , February 2017. Today l received a notice if enforcement from Newlyns regarding Council tax under a magistrates liability order from June 2017 for non payment of Council tax 31/03/2018. . Newlyns state l have to pay and clear this debt by end of March @ £278 per month otherwise they will seize goods.
HELP - what can l /should l do , I obviously do not have this money
Thank you
I entered into a voluntary IVA , February 2017. Today l received a notice if enforcement from Newlyns regarding Council tax under a magistrates liability order from June 2017 for non payment of Council tax 31/03/2018. . Newlyns state l have to pay and clear this debt by end of March @ £278 per month otherwise they will seize goods.
HELP - what can l /should l do , I obviously do not have this money
Thank you
0
Comments
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Hi
I posted under bankruptcy and living with it - not realising this was a sub section:
Would appreciate any guidance
Entered into a IVA in February 2017 Yesterday l received a notice of enforcement from Newlyns regarding Council tax under a liability order from June 2017 for non payment of Council tax 31/03/2018. Newlyns state that l have to pay and clear this debt by end of March @ £278 per month otherwise they will seize goods.
Help what can /should l do , I obviously do not have this sort of money
Thank you0 -
Hi there and welcome to MSE,
The bailiffs/ council will ideally want the debt to be paid before the new council tax year which starts in April 2018, however, if you cannot afford to do that, you will need to negotiate to pay what you can. This will understandably be harder because of the IVA commitment and you will need to look at your SOA very carefully.
The monthly council tax expense would've been included in the SOA for the IVA so you need to look at why these were missed - is your IVA set too high or were there unforeseen expenses? This is unlikely to be a breach of the IVA because it is not new credit that you have taken out during the IVA, but it is another financial commitment so I would also suggest you check the terms and conditions of the IVA. If you are unable to maintain the IVA then there is a risk it may fail, which can also mean a risk of bankruptcy. This is unlikely if you do not have any assets, but if you are a homeowner, you will need more advice about the risks of an IVA failure.
Assuming that the bailiffs have not been inside at this stage you should keep the doors locked, refuse them entry and hide anything outside, this will stop them forcing entry. If the bailiffs have already been inside and made a controlled goods agreement, then you will need to call one of the free debt charities immediately for more advice.
Laura
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
Hi,
When did the arrears start, why did you not include the current years (then 2017) council tax arrears in your IVA ?
More to the point, why have you not paid it since ?
Its an essential payment, that should be budgeted for.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Have you continued to pay your council tax since you joined the IVA? This letter would suggest you have missed a payment in this council tax year (April 17 to March 18)?0
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Hi,
Yes l have missed payments , contacted the council in September and made an offer to repay did not get a reply and did not think about it - l know l should have been more on top of things.0 -
Threads merged.
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
As advised above you need to contact them to agree a payment schedule you can afford. Alternatively contact your IVA company and discuss it with them. Maybe ask if they can give you a payment holiday or a reduced payment and a payment arrangement to repay arrears to them so you can bring the council tax up to date. Your IVA company wll rightly want to question why you have missed the payments when you've had an expenditure allowance for this - so you will need to discuss this with them, was it an unexpected expense (e.g. washing machine broke) or just bad budgeting for example.
Council tax is a PRIORITY bill, you simply can not afford to miss the payments and not take action when you don't get replies. Take this as a learning curve and really knuckle down on your budgeting to ensure this doesn't happen again.0
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