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Committal to prison for council tax

8 replies

user1471173214 · 02/08/2017 15:39

Has anyone had a committal to prison for council tax and not been sent to prison? I've struggled to keep up with the bill and payment plans with council tax. The other week I had a letter sent asking for an offer of payment and they refused the payment. So I offered more as my kids dad said he would pay monthly for me. They refused. They said they will not make another payment arrangement with me and I will be getting a date for a committal. I'm a single mum with two young children. I'm terrified I will be sent to prison. Thanks x

OP posts:
nannynick · 02/08/2017 15:54

Some information about the process here: www.thanet.gov.uk/your-services/council-tax/arrears-and-debt-recovery/committal-action/

Start with gathering all the information needed for the means enquiry - your income and expenses. Gather together details of payment plan, why you have failed to stick to the plan plus anything new which will mean that you can now stick to a new payment plan if it is agreed.

You must attend the committal hearing. You can get a prison sentence, you may get a suspended sentence, you may get longer to settle the debt.

Sorry to hear you are going through this, hopefully someone will see this who has been through the same thing and be able to provide more detail on what happens at the hearing.

Blossomdeary · 02/08/2017 15:55

Go to a solicitor and have your free half an hour of advice. They will tell you what to do next.

KanielOutis · 02/08/2017 19:27

I work in council tax. There are 2 grounds for being committed to prison - culpable neglect and wilful refusal. Basically you had the money but spent it on something else or you have got the money and refuse to pay. If it's a genuine hardship case and you have absolutely no money it will be remitted (written off). You will be asked to do a means enquiry under oath, and the most likely outcome is the court will grant a suspended sentence and determine the repayment plan. Only then if you default will the sentence be served.

user1471173214 · 02/08/2017 20:18

When you say most likely outcome do you mean in general or if I have no money? X

OP posts:
user1471173214 · 02/08/2017 20:18

When you say most likely outcome do you mean in general or if I have no money? X

OP posts:
KanielOutis · 02/08/2017 22:41

Its unlikely with children that you have no money. You will have an income even if it's benefits and you have said the children's dad will help. Take any help you can get. If you had money and paid anything other than rent ahead of council tax and it gets this far it's culpable neglect - loans, store cards, credit cards etc are all non priority. Any outgoings, bills and spends beyond the minimum are not prioritising. You are best seeking advice from a debt charity because no one other than the court can tell you what the outcome will be but there are people to help. Stepchange and Christians against poverty are a good place to start. People do go to prison but as I said before a suspended sentence and an agreed repayment plan is far more likely.

KanielOutis · 02/08/2017 22:51

Are you claiming all the income and help you're entitled to? Tax credits, housing benefit, council tax reduction, CMS, free school dinners even going to food banks. It could be that there's money and help available that you didn't know was there to claim.

user1471173214 · 03/08/2017 14:07

I have been to citizens advice today. Council tax have put a 6 weeks hold on my account and I am paying as much as I can in the mean time as well as applying for a DRO.

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