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| givemestrength |
Posted - 16 February 2009 : 12:45:20
hi, ive been reading through posts regarding council tax and now im confused..i was summonsed for C/tax last week and i said id pay half on 20 feb and half on 20 march, this is for 2008/2009 c/tax, im going BR on feb 27 and want to include these arrears in the BR but it has already been heard at court can i still include it, if i dont pay on the 20 feb will someone come to my house will i be protected from the councils bailiffs when im BR, i just cant seem to think straight at the moment and can i include 08/09 anyway?. thanks v much |
| 9 L A T E S T R E P L I E S (Newest First) |
| givemestrength |
Posted - 17 February 2009 : 21:35:45
PS our income is quite low so not sure if we'd get a IPA...fear hit me whan i agreed i would pay the C/T arrears over 2 months. |
| givemestrength |
Posted - 17 February 2009 : 21:31:51
hi, thanks for your advice Pix1, it is me and my OH going BR he is working i am not, we definately hope to go BR on 27th feb so long as we have the fees, waiting any longer could seriously damage our health and our teenage kids are starting to wonder what this BR is we keep talking about, my hubby keeps calling it the Bacon Roll, just trying to protect them especially our youngest shes (13)more sense out of all of us and our oldest (15) is only interested in when am i going to order her prom dress, she'd have a fit if i told her i'd have to make it out of a dress i have in the loft from the 80s.. ha ha...ahhh bless.anyway thanks everyone for your help. seriously though i really dont mind if i cant add this C/T(£300) to the BR just as long as i'm given a little more time to pay it and no bailiffs come to the door, thanks v much everyone |
| pix1 |
Posted - 17 February 2009 : 21:01:22
P.S. There is another angle to delaying until 1st April. Yes, this would mean that this year's c tax would legally get included but it would also depend on other parts of your circumstance. If you go BR on Feb 27 you would probably avoid a Nil Tax Code IPA as there will not be enough time to set one up. This depends on whether you are working. Avoiding a Nil Tax ipa is beneficial if you are working and don't want your payroll department to guess you are bankrupt by being told to apply a 0 code on your paye. Of course, it would not stop you gettin an income IPA during your bankruptcy if that is appropriate. |
| pix1 |
Posted - 17 February 2009 : 20:56:34
If you went bankrupt you could write off previous years c tax but not thisa years. However, any court action they are taking would be stopped when they hear of your bankruptcy and they would wait on the OR to see if they would get what was owed. There is achance they would write off the current year's if you are lucky but legally this is not the case. i would go ahead with the br, list ALL that is owed for c tax including this year's. Then contact the c tax dept to tell them your BR ref no. I bet they will say something like 'ok, we will wait on the official receiver and put this on hold". There would be no point in them sending bailiffs round when the OR has control of your assets! |
| Melanie.n |
Posted - 17 February 2009 : 12:42:21
As an aside....taking into full account the time of the year, in that we are fast approaching the end of the Council Tax year. If you delay filing until 1 April the Council Tax debt will be in effect last years and can be included in the bankruptcy. That way you can use the money you would have paid the CT with to help fund the bankruptcy!
As soon as you have the monies together get in touch with the Court to book your appointment. Depending on the particular Court it may be that you have up to month to wait as they are so busy. Just give them a ring ask to speak to the bankruptcy clerk and enquire as to when their next available appointment is to give yourself an idea s to how long you will have to wait, you may even be able to book ahead for after 1st April
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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| givemestrength |
Posted - 17 February 2009 : 08:52:37
hi,thanks melanie, it could be that.... i was paying monthly and fell behind but as you say technically i should have until the end of march however way i pay. it is all for this year and no arrears from years before. |
| Melanie.n |
Posted - 16 February 2009 : 17:22:56
To be honest i did not think they could summons you for the current year as technically ou still have until end of March to clear the debt before you are techinically in arrears, unless a payment plan had been agreed with you and it then went into default
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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| givemestrength |
Posted - 16 February 2009 : 13:17:45
thanks melanie thats exactly what i was trying to find out, thats what was confusing me, obviously i cant afford the 2 payments as need every penny for BR fee, do you think they might let us spread it out over next years payments suppose there's no harm in asking. could anyone please explain why we got a summons if we have until April to pay though? thanks v much |
| Melanie.n |
Posted - 16 February 2009 : 13:06:55
You can only include in Bankruptcy Council Tax arrears for previous years. Not current year as you have until 1st April to pay this amount
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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