20 Mar 2016 15:10:20
Hey, I was hoping for a little advice.
A friend of mine, struggling on benefits, has been issued a court summons regarding unpaid council tax. He can't make ends meet at as it stands and the stress caused by this has had consequences on his health.
Am. I right in thinking a court summons is an invite? And he doesn't need to attend? The thing is, he literally doesn't have a penny spare to put towards the council tax.
Is there anything he can do? Once again. I appreciate your time.
Also, the court date is 1030 tomorrow, 21st March so it's a little time sensitive. Sorry about springing it but I've only just found out myself.
{Ed033's Note - Your friend should have long before now contacted the council and said something along the lines of; we have have to come to some agreement as i do not have the money to pay council tax. The idea being that anyone can only pay what they have left after reasonable expenditure/survival needs. This would take the form of writing down in detail, thheir monthly income in 1 column, their monthly expenditure in another column. Income minus expenditure is what you can pay, even if it is 50p per month.
now about the hearing invitation. Even though there is no requirement to attend the hearing, personally i would turn up (unless they tell you on the phone there is no need to when your friend does the below.) with the income/expenditure on a piece of paper to hand out to them.
I would also say to them in the hearing that i made an honest mistake in not contacting the council before now, but i'm here to resolve the matter. The problem your friend has is that the people in the hearing are just there to make you believe you've had your day in court and not to make any agreements between you and the council.
Therefore, whether your friend turns up or not tomorrow, they should definitely 100% contact the council (council tax collections dept.) tomorrow morning by phone and tell them they wish to resolve the matter but you're having financial difficulties so you need to come to some agreement with them. Have the income/expenditure details to refer to over the phone.
now about the hearing invitation. Even though there is no requirement to attend the hearing, personally i would turn up (unless they tell you on the phone there is no need to when your friend does the below.) with the income/expenditure on a piece of paper to hand out to them.
I would also say to them in the hearing that i made an honest mistake in not contacting the council before now, but i'm here to resolve the matter. The problem your friend has is that the people in the hearing are just there to make you believe you've had your day in court and not to make any agreements between you and the council.
Therefore, whether your friend turns up or not tomorrow, they should definitely 100% contact the council (council tax collections dept.) tomorrow morning by phone and tell them they wish to resolve the matter but you're having financial difficulties so you need to come to some agreement with them. Have the income/expenditure details to refer to over the phone.
20 Mar 2016 16:32:43
Thanks for the swift response. I have gone through his expenditure with him and it's not good, to say the least. I'll follow your advice . It's not worth the hassle, if you ask me .
Thanks for the swift response. I have gone through his expenditure with him and it's not good, to say the least. I'll follow your advice . It's not worth the hassle, if you ask me .
{Ed033's Note - It would be best to pay something to the council immediately, to show that your friend is not refusing to pay, even if it is a few pounds.
in the longer term, if a person calling themselves a bailiff (in reality they will be a private debt collector) turns up asking for council tax money, do not let them inside your friend's property, do not sign anything. Tell them they're trespassing and close the door on them and don't open the door again to them, ever.
If your friend doesn't let them in and doesn't sign anything and if they ask your friend to a hearing in the future, turn up with the income/expenditure form each time and keeps communicating with the council to resolve the matter, every time they are asked about council tax (to remain in honour), the worst that can happen is that they bankrupt the commercial name of your friend.
in the longer term, if a person calling themselves a bailiff (in reality they will be a private debt collector) turns up asking for council tax money, do not let them inside your friend's property, do not sign anything. Tell them they're trespassing and close the door on them and don't open the door again to them, ever.
If your friend doesn't let them in and doesn't sign anything and if they ask your friend to a hearing in the future, turn up with the income/expenditure form each time and keeps communicating with the council to resolve the matter, every time they are asked about council tax (to remain in honour), the worst that can happen is that they bankrupt the commercial name of your friend.
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23 Mar 2016 03:06:14
does your friend have other debts mate?
if he has, he would be better to declare himself bankrupt .
council tax WILL get wiped off and in a weird way the more he owes the better it is. i think it's anything over 5k.
i think its 450/500 pound to declare yourself bankrupt. citizen advice best place, but hard to get an appointment with the cuts .
try this , he can ring them and try to get professional help.
goo.gl/QKj3bN
had to sort out an old bill my mother forgot or ignored and she got a summons for court, these guys were great.
does your friend have other debts mate?
if he has, he would be better to declare himself bankrupt .
council tax WILL get wiped off and in a weird way the more he owes the better it is. i think it's anything over 5k.
i think its 450/500 pound to declare yourself bankrupt. citizen advice best place, but hard to get an appointment with the cuts .
try this , he can ring them and try to get professional help.
goo.gl/QKj3bN
had to sort out an old bill my mother forgot or ignored and she got a summons for court, these guys were great.
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27 Mar 2016 14:42:51
Sorry for the slow reply. To be honest, Franky, I thought this was was all sorted. However, my mate completely ignored all advice and didn't even turn up to court - due to a few issues he has surrounding his friend passing away. he's been drinking himself silly for 6weeks now.
We're expecting a liability order in the next couple weeks. I'll have a look at the link when I calm down a bit. he's wound me up today. I don't have time, or the will, to sort this out for him at the moment. I feel like a babysitter sometimes.
As always, I appreciate any and all advice. This is a cracking community on here. It's good to know there's still a few out there willing to put themselves out for others.
Enjoy the bank holiday!
Sorry for the slow reply. To be honest, Franky, I thought this was was all sorted. However, my mate completely ignored all advice and didn't even turn up to court - due to a few issues he has surrounding his friend passing away. he's been drinking himself silly for 6weeks now.
We're expecting a liability order in the next couple weeks. I'll have a look at the link when I calm down a bit. he's wound me up today. I don't have time, or the will, to sort this out for him at the moment. I feel like a babysitter sometimes.
As always, I appreciate any and all advice. This is a cracking community on here. It's good to know there's still a few out there willing to put themselves out for others.
Enjoy the bank holiday!
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13 Apr 2016 21:09:03
There is a non-publisised piece of help the council can provide.
You can ask for a reduction in the council tax.
You make an application, basically setting out the circumstances and providing all income and expenditure.
The council tax section have discretion to wipe off all or most of the arrears upmto the point of the application.
I used to work in a council tax section and have dealt with a few of these.
'Good cause' can be classed as proving there is substantially less income than the expenses.
If the full arrears are written off, your friend may also get a refund of all or some of the payments made on the account.
You can see why councils don't advertise that there is this scheme.
There is a non-publisised piece of help the council can provide.
You can ask for a reduction in the council tax.
You make an application, basically setting out the circumstances and providing all income and expenditure.
The council tax section have discretion to wipe off all or most of the arrears upmto the point of the application.
I used to work in a council tax section and have dealt with a few of these.
'Good cause' can be classed as proving there is substantially less income than the expenses.
If the full arrears are written off, your friend may also get a refund of all or some of the payments made on the account.
You can see why councils don't advertise that there is this scheme.
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