Equita visit re Council Tax Arrears over £7k

[greatburdon]

Had a visit from Equita this morning regarding 3 years arrears amounting to over £7k .. The demand was to pay in FULL immediately this sum, he showed me that he had scribbled down the registration no's of our two vehicles, one being mine the other is in my wife's name. My questions are ... The council tax is solely in my name does the bailiff have a 'levy' over my wife's car? but more importantly can I get this account sent back to the council by applying to the court and try to negotiate some sort of payment plan? What do I do with the bailiffs as they threatened to return at 5pm if I don't contact them. I will of course not be allowing them entry into my home...Thanks

[ericsbrother]

Your wife is jointly liable for the CT but whether the bailiffs can levy her car depends on the court judgement as to whether it names only you or "those liable". Ask the court or your council if you think it is just in your name. If it is them they cannot touch her car.

[greatburdon]

Thank you for the reply, I will find out if the order is for 'those liable' or solely in my name, Can anyone please advise how to deal with Equita, do I ignore and/or make a court application regarding the arrears.

[HCEOs]

ericsbrother is wrong.

 

If the council tax was in your name only then you are liable, not your wife.

 

However, just because the car is in her name does not mean it can't be seized. The registered keeper is not necessarily the owner so it will depend on who paid for the car. It would be prudent to get this documentation ready.

 

Are the vehicles on finance?

[HCEOs]

I would also add that the bailiff is perfectly capable of making a payment arrangement with you. It could just be that the vehicles have enough value to clear the debt, in which case he's only doing his job.

[greatburdon]

Hi HCEO the car was bought outright by her and is in her name, thank you for replying

[greatburdon]

Can anyone please advise whether I can get this alleged debt back to the council and make some sort of arrangement with them or is it too late?

[ploddertom]

The Council will refuse to take the debt back beecause of the amount owing and the time taken. They will be looking to have this paid in a short time which is presumably why they have involved the Bailiffs hoping that you either cough up or the Bailiff removes goods. Even if you are the sole name on the Liability Order it is seen as a joint & severally liable debt with your wife so in my view your wife's car is at serious risk of being removed and sold.

 

The Council still have further options open to them as the debt is more than £1k then a charging order could be made providing of course you own your own home, this could then lead to a forced sale. Bankruptcy is another option & of course they could apply for Committal proceedings which could result in imprisonment.

 

Is there a particular reason why it has to this amount? You may need to talk to them to try and get a solution but think at this stage they will refer you to the Bailiffs.

[greatburdon]

Thank you ploddertom for responding ... The non-payment and arrears accrues due to a number of factors but of course they are real and I have to deal with it. My position has now improved but there is no way that £7k can be paid in one payment which is what the bailiffs have stated. I will never let them into my property so that would appear to prevent them from 'walking possession' the only assets that I can therefore see them taking would be the vehicles, mine whick is worthless and the wifes which has value of around £3k but was paid for by her is in her name and therefore they may have difficulty there (at least I will be arguing that they cannot takeit) she also needs it for her small business. As the max. they could raise if they only took my car would be around £300 9it is a real banger) and with no goods as I wont let them in , wil it then get returned to the council who will take the steps ploddertom suggested? They are returning in the morning and my wife is sick with worry ... Thank you

[ploddertom]

There is a way forward although it really depends on how determined the Council are to make you cough up quickly. The way I see it at present is that you do owe the money and have not made any payments for some time. If this is correct then it could be held that you are wilfully refusing to pay - a very serious matter and one which could have some of the ramifications I alluded to previously.

 

However if you were to take the bull by the horns and start to make payments direct to the Council via online banking, Council website or automated phone. If you do this ensure you make the same payment at the same time and it is better done weekly as this establishes willingness to pay & quickly builds a payment history. I would suggest something like £10 every Thursday as an example. Doing this also makes it a little more difficult for the Council to take further action.