When a new EA takes over.

[daverules]

Council Tax is a tax that every household has to pay. Many people will be able to obtain council tax support. Almost certainly, the debtor should be speaking with the council at a very early stage. They should not wait until a summons is issued and the account passed to bailiffs.

 

I totally agree BA that people should talk to the council ASAP but it is not always the case the council will listen and I

can say that from personnel experience.

[Coughdrop]

Council Tax is a tax that every household has to pay. Many people will be able to obtain council tax support. Almost certainly, the debtor should be speaking with the council at a very early stage. They should not wait until a summons is issued and the account passed to bailiffs.

 

I agree entirely - you shouldn't be surprised to hear that. What should happen and what does happen are sometimes two very different things though, as we both know. Also, not engaging with the council often is not deliberately to avoid paying, it is because they are in a mess and need help. Depending when they remove their head from the sand and start facing things again dictates how much various people / agencies can help.

 

The earlier a problem is addressed, the easier it is to resolve as a general rule. We don't disagree on a lot.

[Peterbard]

Council Tax is a tax that every household has to pay. Many people will be able to obtain council tax support. Almost certainly, the debtor should be speaking with the council at a very early stage. They should not wait until a summons is issued and the account passed to bailiffs.

 

I agree that council should investigate more before applying for a liability order.

 

I do not believe that the authority will be as keen to start a repayment order in any case, as they will be aware of the ongoing charges being debited to the account, They will not want to create a situation where the debtor will be at best, one year in arrears indefinitely.

[Coughdrop]

CD. I am sorry but you not being truthful.

 

By telling debtors to 'sit it out' you are advising them to withhold payment of a debt that includes either council tax or a criminal court fine. Whichever way you want to dress it up, you are encouraging 'debt evasion'.

 

Whilst the account is with an enforcement company the amount owed includes bailfif fees.

 

Sorry - are you accusing me of lying?

 

Can you find a post where I tell anyone not to pay their council tax? I very much doubt it. Whilst a CT debt is with an enforcement company it includes fees, when it is returned by the EA's, the fees die. Is that correct? (I appreciate it can be recalled with fees still due, but if the EA returns the warrant, am I correct?)

[Peterbard]

Sorry - are you accusing me of lying?

 

Can you find a post where I tell anyone not to pay their council tax? I very much doubt it. Whilst a CT debt is with an enforcement company it includes fees, when it is returned by the EA's, the fees die. Is that correct? (I appreciate it can be recalled with fees still due, but if the EA returns the warrant, am I correct?)

 

The judgment is for Council arrears CD ? There is a legitimate statutory charge for collecting it, If there were no arrears there there would be no fees,. In addition when the judgment debt is passed for enforcment the two become one debt a said, so yes you are advising to not pay council tax.

[mikeymack2002]

What everyone has forgotten or doesn't accept is that a liability order has NO time limit in which to recover, so adding £310 in fees is just plain difficult for the debtor. This puts them in an impossible position of owing debts every year instead of being able to clear them. Using this method of recovery will/may allow the debtor to keep up to date with the current years bill...

 

 

AoE's and AoB's are a great solution IMHO either way the debt gets paid at an affordable level. Nearly everyone works or claims benefits.

 

 

Finally as with any debt you can make a F&F to the creditor as I have posted about many threads and years ago....

 

 

The average benefit is nominal and by taking the huge amount of £310 will leave them destitute, poverty stricken and using food banks to survive!

 

 

The benefits regime is going to change significantly between now and 2020 it will be harder for those in this debt trap...... Then you have Universal credit being run out across the country causing even more debts.... (No money for up to 7 weeks too boot)!

 

 

This is my last and only response on this matter!

[Coughdrop]

The judgment is for Council arrears CD ? There is a legitimate statutory charge for collecting it, If there were no arrears there there would be no fees,. In addition when the judgment debt is passed for enforcment the two become one debt a said, so yes you are advising to not pay council tax.

 

Thanks for answering for Bailiff Advice. Perhaps you can answer the other question too then - if the warrant is returned to the council, do the fees die?

 

A simple yes or no will suffice.

[Coughdrop]

Here's a policy from Bury, chosen as it came up first on Google, and for no other reason. It states, post liability order:

 

We will instruct enforcement agents to collect your outstanding Council Tax debt if you:



fail to complete and return therequest for financial information form; or



make a payment arrangement and do not make the agreed payments

; or



return your request for financial information form but we cannot make an attachment to your wages or benefits, and you do not make a repayment arrangement with us.

 

( http://www.bury.gov.uk/CHttpHandler.ashx?id=16457&p=0 )

 

I would support this wholeheartedly, as the council has done all they can reasonably do to avoid using EA's. They are used very much as a last resort, which I believe was always the intention.

 

 

When councils use them as a first choice, it does not help debtors if we suggest they increase their indebtedness when there are other options. To me that seems to be common sense.

[honeybee13]

More off topic posts removed or edited.

 

HB

[Peterbard]

I dont know why you keep asking me this, it is irrelevant, anyway i answered it earlier in the thread.

.

[Coughdrop]

I can't reply, I'm on moderation for some unknown reason. I have remained civil, accurate and even submitted a post which almost proves my point.

 

How very bizarre - it is real food for thought when censorship hits this level.

Edited July 6, 2016 by honeybee13
Editing off topic stuff.

[Coughdrop]

I dont know why you keep asking me this, it is irrelevant, anyway i answered it earlier in the thread.

.

 

It is far from irrelevant. It is very relevant, it's just that you do not understand its relevance, hence you not knowing why I keep asking.

 

I'll let you work on that one, rather than try to explain it. You may have a 'Damascus' moment sometime.

[honeybee13]

I can't reply, I'm on moderation for some unknown reason

 

AFIAA,, you're not moderated, CD.

 

However, the constant sniping between two of you is very tedious and time-consuming. If you can't post like reasonable adults, I'm inclined not to edit and to just delete any post that isn't fully on topic.

 

Please stop it.

 

HB

Edited July 6, 2016 by honeybee13
Typo.

[Coughdrop]

Seems pretty clear to me!

[AndyOrch]

Okay chaps....enough is enough...we simply cant be monitoring your ongoing war threads ...it really is tedious and you are both looking rather foolish to the forum....so you have few options.

 

Pack it in now.....

 

Or I will close all the threads you are currently squabbling on ?

 

Or I can give you both a 4 week holiday...you can do some gardening and get some fresh air ?

 

Lets see which way you wish to take this.

 

Andy

[Coughdrop]

Give is both (and Bailiff Advice who is not innocent in this) a four week holiday. I have other sites to post on anyway. Not just me - all of us!

[Coughdrop]

Thank you for inserting one of my moderated posts - all were on topic.

 

If all LA's behaved in this way, enforcement and fees would cease to be an issue as all avenues to save the debtor further debt would have been explored.

 

Was it not the intent that bailiffs be a final resort?

 

This is why it must not be seen as evading a debt. There is no mention of debt evasion, just repaying the arrears in a more reasonable manner, in line with what I believe was parliament's intent.

[Peterbard]

Thank you for inserting one of my moderated posts - all were on topic.

 

If all LA's behaved in this way, enforcement and fees would cease to be an issue as all avenues to save the debtor further debt would have been explored.

 

Was it not the intent that bailiffs be a final resort?

 

This is why it must not be seen as evading a debt. There is no mention of debt evasion, just repaying the arrears in a more reasonable manner, in line with what I believe was parliament's intent.

 

There is no regulation which states the order in which bailiffs should be used, there may be guidence but that is not the same thing.

 

The bailiff is an authorized enforcement officer and is entitled to recover the debt, it really does not matter if you think he should not be attending.

 

The debt is due to be paid to him lawfully as are the fees, and at the time of his calls' Not interacting with him in that respect is avoidance how could it be anything else.

 

It should be remembered that the reason for baiiff action is because the bill has not been payed by the debtor, nothing else, this was due long before bailiff enforcment.

[trebormoinet]

A interesting thread and one which pertains to my particular circumstances presently.

 

Have I read this right ?

 

I am on full benefits as a single person claiming income based JSA and unable to pay the shortfall in council tax.

 

After paying Gas and Electricity, Water and a budgeting loan it leaves me with £40 per week.

 

I cannot offer the bailiffs any repayment plan other than £2 per week and I have nothing of value they could take.

 

So for me it is a sensible solution to ignore or allow the bailiffs entry either way I will save myself incurring any more debt if they are forced to return the debt back to the council.

 

And surely if I refuse to enter into a contract with a debt collector to pay them instead of the council then I am not avoiding paying council tax as such, just not engaging with a third party so morally I feel this is the right thing to do and saves me owing an extra £300 pound for a service I did not ask for.

[Coughdrop]

A interesting thread and one which pertains to my particular circumstances presently.

 

Have I read this right ?

 

I am on full benefits as a single person claiming income based JSA and unable to pay the shortfall in council tax.

 

After paying Gas and Electricity, Water and a budgeting loan it leaves me with £40 per week.

 

I cannot offer the bailiffs any repayment plan other than £2 per week and I have nothing of value they could take.

 

So for me it is a sensible solution to ignore or allow the bailiffs entry either way I will save myself incurring any more debt if they are forced to return the debt back to the council.

 

And surely if I refuse to enter into a contract with a debt collector to pay them instead of the council then I am not avoiding paying council tax as such, just not engaging with a third party so morally I feel this is the right thing to do and saves me owing an extra £300 pound for a service I did not ask for.

 

(Apologies in advance for any missing a's - my keyboard is playing up!)

If you genuinely have nothing of value, there is no harm at all in allowing the EA access to your property. The chances are that, having seen you have nothing of value, the warrant would be returned to the local authority, and in your case they would probably apply for an attachment of benefits.

 

This link has more information for you:

 

https://www.thanet.gov.uk/your-services/council-tax/arrears-and-debt-recovery/attachment-of-earnings-and-benefits/

[Peterbard]

A interesting thread and one which pertains to my particular circumstances presently.

 

Have I read this right ?

 

I am on full benefits as a single person claiming income based JSA and unable to pay the shortfall in council tax.

 

After paying Gas and Electricity, Water and a budgeting loan it leaves me with £40 per week.

 

I cannot offer the bailiffs any repayment plan other than £2 per week and I have nothing of value they could take.

 

So for me it is a sensible solution to ignore or allow the bailiffs entry either way I will save myself incurring any more debt if they are forced to return the debt back to the council.

 

And surely if I refuse to enter into a contract with a debt collector to pay them instead of the council then I am not avoiding paying council tax as such, just not engaging with a third party so morally I feel this is the right thing to do and saves me owing an extra £300 pound for a service I did not ask for.

 

It sounds to me that even if the council had hold of this you would not have enough to make a reasonable offer of payment even to them.

 

Did you contact the authority when you found yourself struggling to pay the tax ?

 

Have you completed income and expendature form to anyone

[Coughdrop]

DB - I asked about parliament's intent, not about legislation. I'm aware guidance and regulations are different, there's a clue in the words!

Edited July 6, 2016 by honeybee13
Provocative comment and emoticon removed.

[Peterbard]

A interesting thread and one which pertains to my particular circumstances presently.

 

Have I read this right ?

 

I am on full benefits as a single person claiming income based JSA and unable to pay the shortfall in council tax.

 

After paying Gas and Electricity, Water and a budgeting loan it leaves me with £40 per week.

 

I cannot offer the bailiffs any repayment plan other than £2 per week and I have nothing of value they could take.

 

So for me it is a sensible solution to ignore or allow the bailiffs entry either way I will save myself incurring any more debt if they are forced to return the debt back to the council.

 

And surely if I refuse to enter into a contract with a debt collector to pay them instead of the council then I am not avoiding paying council tax as such, just not engaging with a third party so morally I feel this is the right thing to do and saves me owing an extra £300 pound for a service I did not ask for.

 

YOu should really start you own thread on this.

[mikeymack2002]

A interesting thread and one which pertains to my particular circumstances presently.

 

Have I read this right ?

 

I am on full benefits as a single person claiming income based JSA and unable to pay the shortfall in council tax.

 

After paying Gas and Electricity, Water and a budgeting loan it leaves me with £40 per week.

 

I cannot offer the bailiffs any repayment plan other than £2 per week and I have nothing of value they could take.

 

So for me it is a sensible solution to ignore or allow the bailiffs entry either way I will save myself incurring any more debt if they are forced to return the debt back to the council.

 

And surely if I refuse to enter into a contract with a debt collector to pay them instead of the council then I am not avoiding paying council tax as such, just not engaging with a third party so morally I feel this is the right thing to do and saves me owing an extra £300 pound for a service I did not ask for.

 

 

Some Councils like York have a fund to assist with this type of debt, Thanet may have the same! It's worth the call to find out. Here is a link and a quote to help

 

 

Link >> http://www.adviceyork.org.uk/latest.html

 

 

Quote:

 

 

'Extra Help with Council Tax

Posted by: Advice York at 11:36, June 13 2016.

 

City of York Council are promoting the ‘discretionary council tax reduction’.

This scheme is part of York’s Financial Assistance Scheme (YFAS) which provides help for residents who are having financial difficulty. Extra help with council tax can be applied for as well as council tax support. People can apply if they have a low income or debts, are out of work, have health issues that mean their income has fallen or are generally experiencing financial hardship.'

 

 

This is in response to the OP quote, if Admin wish to start a thread for this OP then please add this response to it as well

 

Thx MM

[Peterbard]

DB - I asked about parliament's intent, not about legislation. I'm aware guidance and regulations are different, there's a clue in the words!

 

CD, parliamentary intent is echoed in regulations, who else do you think made them ?

Edited July 6, 2016 by honeybee13
Previously edited quote removed.