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debbie.f
Junior Member
172 Posts |
 Posted - 24 March 2008 : 12:24:02
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WE ARE CLOSE TO OUR BR APPOINTMENT BUT NEED SOME QUESTIONS ANSWERED.
1.WE ARE SERIOUSLY IN ARREARS WITH COUNCIL TAX AND HOUSING OVERPAYMENTS. DO THEY WIPE THEM DEBTS OFF AS WELL AS THE OTHERS?
2.WE ARE BOTH WORKING,ME PART TIME MY HUSBAND FULL TIME,OUR INCOME IS ROUGHLY AROUND 1400-1500 P.M.. WHAT ARE THE RULES ON IPO?
MANY THANKS |
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melanie_giles
Senior Member
1191 Posts |
Posted - 24 March 2008 : 13:11:09
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Yes - Council Tax and Housing overpayments will be captured under the bankruptcy proceedings, but if you already have a liability order for the council tax this will survive the bankruptcy - and the housing department may just continue to withdraw benefit until it has recouped the overpayment.
You will likely be awarded an IPA or IPO if you have disposable income in excess of £80 per month, and a sliding scale is operated by the OR based upon 50% to 70% of that figure. They are fairly harsh on some allowances and generous on others, and it is a little inconsistent across the country, so if you do not feel you can afford the payment I would recommend an appeal. |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 24 March 2008 : 13:49:15
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Hi Debbie,
I have answered this on your other post, but I agree with Melanie, you tend to find that those debts outstanding on a recent liability order will survive the Bankruptcy Order, but if the debt is on an aged order it can be included.
As Melanie says your housing payments will be recouped by the withdrawal or lowering of benefits for the future.
All the best
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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pix1
Average Member
689 Posts |
Posted - 24 March 2008 : 17:54:53
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| As I understand it, debbie.f, the current year's council tax cannot be included as a debt in bankruptcy but previous year's council tax debt can can be included whether it has gone to a liablility order or not. I went bankrupt this year and had been paying off a £1200 council tax debt through the bailiffs. At the time of the bankruptcy order I put the remainder of the debt on the form - £300. Once the baliffs and the local authority new of the BO the debt was passed back the the LA who said that it would be written off after they waited to see if they would get anything from the bankruptcy estate. No further action needed on my part. Of course, anything owing for the current CT year, that is, 2007-08 could not be included. If you wait until the NEW CT year - at the beginning of April you should, in theory, be able to include CT debt from 2007-08 or ealier year's. See also the topic of Nil Tax Code as it could be useful to go bankrupt, in this scenario, between 1/4/08 and 5/4/08 (end of tax year). |
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AlanO
Junior Member
United Kingdom
259 Posts |
Posted - 24 March 2008 : 18:54:33
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Timing is everything suggest you hold off filing until after 1 Apr.
All the best alan
www.debtdr.co.uk |
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Helpful Advice
Average Member
United Kingdom
646 Posts |
Posted - 24 March 2008 : 21:29:52
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I have found what PIX1 has said to be true, it is all about timing where tax code changes and council tax is concerned, however where the government departments tend to chase the hardest they also tend to be the most helpful when a formal insolvency solution is sought and I have seen many current year council tax debt written off on the declaring of Bankruptcy.
Kind Regards,
Brett England
Bankruptcy Specialist
England,Jackman & Spacey
WebSite www.ejands.co.uk
View my story at:
http://www.bankruptcyhelp.org.uk/forum/topic.asp?TOPIC_ID=594
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Edited by - Helpful Advice on 24 March 2008 21:32:35 |
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