Council Tax Arrears

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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Joined: 28 Jan 2015 12:50

#1 Council Tax Arrears

Post by smiley38 » 13 Apr 2017 07:28

Morning all!
Will try and keep this very brief. I have council tax arrears of about £4k. Yes £4k. I've been burying my head in the sand regarding my debts for many many years. I admit I've been irresponsible and I could give "valid" excuses but I won't. Things have all come to a head now. Bailiff won't accept £75 per month payment plan at all, they want nearly £300 per month. Myself and other half both work but believe me we struggle everyday to heat the house, feed the kids you know the story. Bailiff (equita) will want my car as finance has finished now. We share the one car, if they take it I'd never be able to get to work as I start very early and also work nights, a 32 mile round trip. My question is how and is it possible to get bham city council to take this debt back and accept my £75 per month?Even to pay this I will have to work extra but I accept that. Can I apply to the court to get bailiff involvement revoked, or is that not how it works? Do bailiffs lurk these type of cites BTW, feeling paranoid lol..

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Schedule 12
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#2 Re: Council Tax Arrears

Post by Schedule 12 » 13 Apr 2017 11:30

The government issued councils with guidelines saying they must protect debtors from punitive repayment arrangements imposed by bailiffs.

Guidelines published by the Ministry of Justice say bailiffs must not coerce debtors into making payments they cannot afford. You can ask your local councillor or the Local Government Ombudsman to compel the council take back control of the arrears.
Contact the council.

The Department for Communities and Local Government has published an official document called the Guidance on Enforcement of Council Tax arrears. See This Document. On page 8 it provides for a local authority to return the account from bailiff administration and allow you to propose a repayment schedule you can afford.

Clause 4.4, if a bailiff is trying to force you to make payments you cannot afford then you can write to the council asking them to comply with the above guidelines and follow clause 4.5 by exercising its discretionary right to return the account to town hall control as a gesture of goodwill to protect you from further punitive action by the bailiff.

Bailiffs must not pressure a debtor to make unrealistic offers, paragraph 24 of the Taking Control of Goods, National Standards 2014.

This template letter will help you get started, it gives all the above regulations and gives the council an opportunity to avail itself to them and proposes a repayment of the arrears at a rate you can afford. Alternatively, you can use this letter courtesy of Mark1960 or this letter
Not a solicitor. I am a paralegal for solicitors bringing proceedings against non-compliant enforcement action.


Phone consultation with me

Enforcement compliance Checklist

Posts: 12
Joined: 28 Jan 2015 12:50

#3 Re: Council Tax Arrears

Post by smiley38 » 14 Apr 2017 04:30

Thanks Jason, I'm going to try and relax this Easter weekend and hope they don't turn up. I'll get the template letter off to them too. Will post back on here with an update at some point...thanks again

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