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If the LA have taken you to Court then you now may have a liability order now. This will increase your debt if you fail to make an arrangement to clear it.

 

If the LA sends this out to the EA (bailiff) this will see more fees added £75 /£235 for starters. Contact the LA today and sort it before this happens please...

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Suggest that you make another council tax benefit claim and supply full details of your finances. If you supply them with full details, surely they should then have to do a full review and come to a sensible decision. Also register a complaint with the Head of council tax revenues about this situation, advising that you will get the LGO involved if necessary.

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I think you must appeal the HB/CTB decision, u can do this within 1 month of receiving yr letter and details of how to appeal will also be there.

Even if the appeal fails, it will at least put a hold on them recouping any overpayment and buy u a little time to work on yr next move.

Hopefully someone with more knowledge will be along soon

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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  • 3 months later...

Well the council now have another attachment of earns for the balance of 2014/2015 council tax ( £655.95 ), i have contacted the council regarding the outstanding balance only to be told - Quote the council will and have applied the attachment order for the balance outstanding and are looking to applied another for this years bill as well. This is due to non-payment of the council tax. My employer has now said they will be looking at all employees credit history as part of the new employment contracts and they will now only be renewing contracts if the credit history is good.

 

Can anyone help regarding issue

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My understanding is that council tax liability orders aren't on your credit history, I could be wrong here but that is what I was told when they tried taking me to court for money I did not even owe!

 

The main reason they get liability orders is to get an attachment of earnings, and this would show on your employers records.

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Well unless your employer is a bank or financial services organisation all they will be able to see is public information ie ccjs, bankruptcies and ivas.

 

I don't believe liability orders are on credit records and I'm fairly confident they can't see payment histories and defaults.

 

Other thing is what is your job,

how long have you been there and are you a normal full-time employee?

 

If you've been there over 2 years they can't just change your contract.

They effectively have to make you redundant and retire you on a new contract.

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Once the local authority have your employment details, then as soon as another Liability Order is obtained, it is usually an automatic procedure of setting up another Attachment of Earnings.

 

From the many enquiries that I receive on this subject (and indeed the many recent complaints that have been made to the Local Government Ombudsman) council tax payers can frequently encounter serious difficulties with AOE's. With the deduction level set at a high rate (to ensure that the debt is paid off within the current tax year) many people are plunged into financial difficulties. Secondly, (as in your case) there can be difficulties with their employment.

 

With regards to your query about an AOE featuring on a credit search; whilst it has always been the case that a Liability Order does not appear on a credit reference agency search, it would appear that 'trials' are ongoing at this present time with a handful of local authorities. Personally, I am not in favour of this approach and I do not believe that it will in any way improve revenue collection.

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  • 2 months later...

Hi

 

My local council have issued court Acton for this years current council tax.

 

I was in arrears and cleared the amount of £672.00 on 1st April I informed the council the 1st payment of this years would be on 1st May.

 

Now they have issued the court action as they state I missed payment. If my payments are up to date can they still take me to court to obtain a liability order.

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yes they can still get an LO

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well you broke

or did not set up an agreement.

 

 

p'haps ring them Monday and ask?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I called the council and made the payment in full relating to last years bill and explained as i have paid the £672 i was unable to pay in April and the payment will made in May bring the account up to date. i feel that the council are a joke not only did i repay in pay the balance in full now they intend in getting the LO order as well and the have added £75.00 of costs.

 

 

When i made the payment via the internet after finding out the offices are closed to the public, i was not told they will be applying to the court. I will be calling the council on Monday morning to find out why they have applied to the court as i had an arrangement to bring the missed payment up to date this month.

 

To make matters even worse i have found out my next door neighbor who is living with a guy who works in Dubai ( Oil Worker ) has been claiming housing & Council Tax benefit for her & the child for the last 4 years. They even told us its easy to fool the council as he works away all the time, they are also enjoying the brand new BMW 4X4 paid paid for by the council the whole system is a joke, i work full time my wife works 16 hours, we applied t the council online and they confirmed we get housing benefit, all our paperwork sent and yes you guessed it right they stated we earn to mush to get benefit yet their web site states we can get the benefit, we wrote ask why and they just state you earn to much end of and closed our claim.

 

Feel like going on benefit and claiming as we would be better off, but to proud to as i have always worked. Sorry for the rant :mad2:

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1. What your neighbors are doing are irrelevant. Remember it is just hearsay. They say they are claiming ad fooling the system, they may not be. IF they are then follow the proper process and make a report to the relevant authorities. This is not related to your problem at hand.

 

2. Unfortunately the right to pay in installments is not a right. They can demand the whole of this years bill in one lump sum ifyou miss the first installment and if you fell behind on the last years bill then that is why they have begun acting like this.

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My neighbor actually told us they claim and how they fool the system as not actually hear say,

 

My question is will the court issue the LO even if the council tax for the current year is up to date and no arrears from any other years, how can they push for a LO from the court even if their are clearly no arrears on the account, We buy our food shopping from Aldi so they will apply for LO asking for payment relating to food shopping which we will need during the year.

 

The council seem to issue LO all the time, even when accounts are up to date, we are being robbed every month by the council as the service they provide are clearly managed poorly, bins collected every 3 weeks, street lights not working.

 

Would be far better unemployed and claiming benefit :x

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The liability for this years council tax for the whole year is payable in APRIL. If for whatever reason you miss a payment or were late previous year (add in one late payment this year) then they can withdraw the concession to pay this years in installments.

 

Again, dont worry about what next door "say they do" could be bravado for all you know. Report them to the authorities. Laugh when they appear in the local paper.

 

Again, dont bring in other issues, yoru complaints are not relevant to your council tax liability. Focus on dealing with that

 

Everything else, do something about it or shut up about it. (Sorry didnt mean to sound that harsh) If council is not performing then start complaining. BUT THAT DOES NOT DEAL WITH YOUR COUNCIL TAX LIABILITY ISSUE

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  • 1 year later...

Well cleared all outstanding council tax from last year and this year is fully up to date, today we have had a summons for this year council tax. i have called to council who have said due to past payment issue they have issued summons with a view to obtaining the liability order for this year council tax.

 

They council have confirmed all payments are paid up to date but still looking for the order, can they issue court summons if the council tax is fully paid to date ?

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  • 4 weeks later...

Well, spoke to the council and found that they had sent out paperwork but to the wrong address, our house is new property and has the same postcode and street name as another house local. I explained the error was on the councils side. There are no outstanding payments but they refused to with draw the summons. I attended court this afternoon which was a joke and they obtained the liability order.

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