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givemestrength
Junior Member
United Kingdom
141 Posts |
 Posted - 09 February 2009 : 17:15:19
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| hi, im going BR 27th feb,one of my problems is i have a summons for my council tax i have rang up today they said i could pay £160 on 20 feb and same on 20 mar i agreed, but i obviously cant pay this as i need the money to pay the BR fee, has anyone any advice to what would happen between 20th feb and 27th of feb when i go BR or what i should do .. thanks very much. |
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movin on
Average Member
United Kingdom
946 Posts |
Posted - 09 February 2009 : 18:46:31
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Hey GMS
I have found this on the Insolvency Website....hope it helps a little
40.101 Council Tax
Each District Borough Council levies and collects a tax, called a council tax which is payable in respect of dwellings in its area. The occupiers of the dwellings have joint and several liability for council tax.
Council tax is charged on a yearly basis from 1 April each year [Note 3] but the liability to pay council tax is determined on a daily basis [Note 4]. The billing authority is required to make a demand for payment of the council tax separate to the notification of the amount of council tax and the tax becomes due when that demand is made but most council tax payers agree a statutory monthly payment scheme for payment of council tax [Note 5].
Any amount due and unpaid under the instalment agreement prior to the insolvency order is an unsecured debt in the proceedings [Note 6]. If the bankrupt's council tax is up to date under the instalment agreement at the date of the bankruptcy order, no amount is provable in the bankruptcy as it relates to future occupation of the dwelling. Where a liability order has been obtained by the council, prior to the bankruptcy order being made the whole debt as notified within the liability order becomes due and it is therefore a provable debt as defined in paragraph 40.12.
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movin on
Average Member
United Kingdom
946 Posts |
Posted - 09 February 2009 : 18:50:07
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Sorry i was supposed to add by the looks of this any arrears will be captured by your br. |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 09 February 2009 : 18:50:42
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When is the actual summons for? if for a date post bankruptcy there is not need for you to pay it, it can be listed as one of your unsecured creditors. My advice would be to ring the council tax section of your local council and advisethem that you have a bankruptcy hearing date on 27th Feb and that the OR will be writing to them concerning the debt.
Hope this helps
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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Tess
Junior Member
United Kingdom
219 Posts |
Posted - 09 February 2009 : 18:51:11
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Hi
If I was you i wouldn't pay anything towards your Council Tax. What will happen is if you do not meet your arranged payments then the Council Tax department will take you to court and apply for a liability order which basically means they can then pursue you further for the debt ie balifs etc. However by the time they set any of this up you will have already been declared bankrupt and anything owed for Council Tax up to and including the date you became bankrupt will be included in the bankruptcy and they cannot pursue you for this. They can however expect payments in respect of anything that falls due after that date.
Hope this helps.
I am a Housing and Council Tax officer for a very large Council.
Tess |
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movin on
Average Member
United Kingdom
946 Posts |
Posted - 09 February 2009 : 18:53:23
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Oh Tess
You shouldnt have put that - we will be expecting you to answer all our council tax queries from now on 
xx |
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givemestrength
Junior Member
United Kingdom
141 Posts |
Posted - 10 February 2009 : 07:14:17
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| thankyou everyone for the great advice, summons is for 12th feb which will still go ahead even though ive said i would try and pay the 2 payments, im worried they will send baillifs. |
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hi, im going BR 27th feb
