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Historic council tax debt. Please advise I'm petrified

31 replies

Changedname9 · 06/11/2018 15:19

Sorry for the double post Im not sure where is best to ask.

o ask for your advice RE Council tax debt, panicking1
Today 15:05 Changedname9

I have a substantial (not exactly sure of the amount) council tax debt that is owed from a period of time I was in a dangerous and abusive relationship where i had no control over finances or an income of my own. This is not an excuse I know, but a reason why things spiralled to the point of debt collectors trying to track me down.

I fled the relationship in mid 2016 with the help of the police and women's aid and relocated to another city where I had to rebuild my life from scratch with nothing, I had mental health problems after the fact and spent the next 12 months recovering but essentially in hiding as my abuser was trying to find me, was essentially on the run from the police and wanted for a string of nasty offences against myself.

I suffered a miscarriage in late 2017 which then knocked my MH further and suffice to say (although irresponsible I know) historical debts were the last thing in my mind. I had barely paid it a seconds thought and was keeping up to date with all bills and expenses here. I was working full time for the first time in years and building a life for myself.

I then fell pregnant again (with new partner, with whom I'd lost the baby) and was over the moon as things were finally looking up and my life was stable.

I was referred for therapy and am still receiving this CBT, post baby being born as I'm still not completely strong again.

One of the debt collection agencies regarding the historic council tax debt managed to trace me to a relatives here where I stayed upon arriving before moving and they sent a letter there during my pregnancy which my relative brought round to show me, I contacted them by telephone explained my circumstances and informed them that they were looking for the wrong person as it was my ex who had the income and was paying the council tax during that period and that they were welcome to check the fact I had no income at that time and was living with him, I was informed that because my name was on the tenancy agreements I too was liable.

Given my MH problems, pregnancy and recent miscarriage the person I spoke with from that particular collections agency was decent enough and agreed to leave the matter for a period of a year and then contact me again.

Since then another agent has turned up at a relatives house which they believed I lived at (I don't) they were being forceful and taking photographs of her incase she was me?

To this day I don't know why he stopped paying council tax and only found out about the debt just prior to leaving, he had a cocaine problem so I can only assume he prioritised that above paying the bills.

There are two separate collections agencies trying to make contact with me, that I know of, however there may be more as I don't have all the paperwork. I left with nothing bar a rucksack of clothes.

Until now they haven't found my current home address and have been corresponding to my relatives. Relative has been good about it and has been trying to reassure me, but I'm absolutely petrified of facing the matter head on.

Whenever I seek advice RE Council tax debt I'm told that prison is a possibility. I can't go to prison, I have a small baby to look after and I'm pregnant again.

I have no new debts and am on top of all of my bills here, I can't stress enough how I was not deliberately at fault for the cumulation of CT debt from that period. I didn't have two pennies of my own to rub together. The financial control, my lack of independence and the abuse is all documented within women's aid and the police who worked with me for years whilst I was going through what I did.

I had to stop working when I had my son as the childcare fees far outweighed my income so I was resigned to being a SAHM, this isn't the situation I'd like to be in ideally but DP is happy to support us and we just about get by. I simply don't have hundreds or thousands of pounds disposable that I can allocate to paying off these debts.

I have no idea whether they've been in touch with my ex and whether he's contributing to the debts although I highly doubt it.

I really need to get a handle of the situation as I'm living in fear, I haven't kept any of the paperwork and buried my head in the sand. I don't even know who it is I need to be speaking to.

Would the council in my home city seek to send somebody in my position, with two young children, to prison?

Would they be willing to accept a small amount per month?

Can they commit me to prison without having my address to serve me a summons?

DP works away so him caring for the children whilst I serve prison time isn't an option, if he came out of work we'd lose the house. If he didn't then we'd lose the kids. I'm terrified. Prison cannot be an option and the fact that it is, is the reason why I've let this spiral and tried to hide.

I know I've handled this appallingly, truth be told until lately I did Foster a "you caused this after everything you've done to me so you can sort it yourself" attitude toward my ex, but that isn't helping me or stopping the bailiffs from looking for me.

I don't want this hanging over me and am pushing myself to address it head on even though it's causing me a lot of anxiety.

Absolutely prepared for a flaming here and I don't mind that because the way I've handled this is appalling, but if anybody can advise and help me I'd be very grateful.

I'm losing sleep and have completely lost my appetite, convinced I'm going to prison and will lose the children Sad

OP posts:
Alaaya · 06/11/2018 17:14

Definitely go to CAB if you can. They will have advisors there who will know their stuff and will be able to give much better advice than strangers on the internet. My guess would be a payment plan BTW.

autumntimebrowns · 06/11/2018 17:35

I am a volunteer with citizens advice. Please stop worrying about prison. It's for the won't pays rather than the can't pays. However you do need to find the courage to sort this out. CA would be a good place to start. You need to establish your level of debt with the council. The council may take your last into consideration and take back the debts from the bailiffs. This would then reduce the debt as their fees would be deducted. You should also check with credit agencies if you have any other debts in your name. Ca can help with this. I've have known a number of women's whose abuse included partners taking out debts in their name. If bailiffs come to your door DO NOT LET THEM IN. Ordinary county court bailiffs do not have right of entry. When you have found out your level of debt, your advisor and yourself can decide on the best way forward. This maybe a payment plan, and I've seen plenty of these at £5 a week, or if the debts cannot be repaid within a reasonable time then something like a Debt Relief Order may be in order. They have various restriction, google it, but only cost £90. I prepare the application forms every week. They are not unusual. They will affect your credit score and your ability to borrow money but it may give you the fresh start that you need. I don't know if the council would look favourably at your former circumstances, but to be honest if a dro I'd the best way forward it wouldn't matter anyway. Be brave and get it sorted. Thing how fabulous you'll feel when you have. Good luck.

Changedname9 · 06/11/2018 17:49

Thank you all for your replies, have made notes of things to raise with cab and I'm going to look into step change as I have no idea who they are and what they're about at the moment.

I'm going to contact cab first thing tomorrow morning and begin the progress of sorting this mess out.

@autumntimebrowns I've never heard of a debt relief order before, would taking one out mean the arrears would no longer be enforceable? Does it wipe debts for people who are not in a good financial position? How do these work?

OP posts:
autumntimebrowns · 06/11/2018 18:44

If you google adviceguide you'll get to the ca guide. Then look for dro for all the rules. Basically you have to owe less than £20000., not be a homeowner, not have any assets ( and this doesn't include essential household items ) worth over £1000 or a car worth over £1000 and have a disposable income after essential expenditure of less than £50 a month. Most debts are included ( but not magistrates court fines, csa arrears, student loans or social fund loans and a few others). Your order has to be submitted by an approved intermediary. Take care not to go to a fee charging company. If you have a dro your name will be on the insolvency register for a year ( or actually a year and three months) and during this time your creditors will not be able to harass you for the money and after the 12 months your debts will be written off. The dro will stay on your credit record for 6 years. Check that your tenancy agreement doesn't have a clause about insolvency ( not many do) and whilst drops can include rent arrears we advise you to continue to pay them. Dros are not suitable for some professions eg financial services. They are a proper regulated insolvency procedure and not to be taken lightly and without proper advice, but can be a really good solution, and, as I said before can give you a fresh start.

Changedname9 · 06/11/2018 20:05

@autumntimebrowns that sounds like something that would help me a lot. Will look into this first thing tomorrow. Thank you

OP posts:
autumntimebrowns · 06/11/2018 20:14

You're welcome. Good luck

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