council Tax, baliffs, where do I stand ? Ive offered them a decent amount each month

[Julezboo]

Please help me

We missed one months payment on our council tax, purely our fault but it has been sent to credit services. Its only £545 which we dont have in full but have offered £109 per month and they said no!! Can they do this??

They have sent me a letter today stating that I must contact them to meet with baliffs to settle the account?

I responded to their first letter the same day, the second one they are sending baliffs round?

Don't mean to offend, but are you absolutely sure that there has only been one payment missed?
It takes a while to go through the system before the bailiffs are called in.
If so - their reaction seems over the top and I can't see where they'd have a leg to stand on legally.
You are supposed to pay off the years payment before the next one starts IYSWIM - so that might be where the problem is.

yeah only one payment was missed at christmas. I do it online every month. I thought it seemed a bit extreme they have just said "109 a month is an unacceptable offer"

Might be that the next one is due to start in April isnt it? Will rign them and check.

Thats probably why they're insisting that your offer isn't enough then. Talk to them, send them a financial statement showing what you pay out each month and what you have coming in. Usually it's a case of getting hold of a more reasonable person.

your council tax is not £545 a month surely??

sounds a bit extreme all teh same.. can you get teh CAB to talk to them on your behalf?

just keep in touch with them and try to work something out

Julez that is not just one month..might be one payment if you do 2/3 a year.
Per month is around £100. only called in if council have contacted and had no response. Will also be baliffs fees added on but if its only xmas payment baliffs would not have been called yet.

lulumama thats the rest of the bill i usually pay 109 a month. normally we would be able to just pay it off payday but DP just started new job, so half his wage is coming from one place and the other half from his new place so we are not sure how much hes gonna get this month.

Im gonna get DP to ring them later, im in a bit of a state emotionally at the mo with the on going pgy thing. Would likely just cry at them lol

In order for the local authority to instruct bailiffs they must first have obtained a liability order in the court. You will have been notified of this and asked to attend.

Did you not receive any notice of this? What does it state on the paperwork you have been sent?

Freckle its just a basic letter, its says exact words

"your offer of 109 a month is unacceptable and if you cannot make the payment in full you must contact our call centre to arrange an appointment with a baliff to settle this account"

yours sincerely

MIL lived here before us and got into arrears then we took over, do you think thats why?

Julez I would say so as £545 is a large amount for one moth missed.

Jules -there is definitely somethign wrong here - if you've just missed one payment of £109 then why are they looking for five hundred odd??

Its MILs bill ive just found out so hes ringing up later with her credit card to pay it off !!

nervousal - I think the council are asking for the remainder of the council tax aswell as the £109 for the month that she missed - so in effect it she would not owe anything at all.

well, that sorts that out then ! waht a relief!

So presumably MIL ignored the letters re court date, etc.! Glad you have it sorted.

CT payemnts are normally payable over 10 months, unless you move mid year, so even if she defaulted in December and they immediatley called in the balance (as they reserve the right to do but would not have done over Christmas/New year) it should only have been 2 months worth maximum.

Just for info as this is all sorted now - as a girl who worked in Council Tax I will tell you exactly what happens. It is a government tax and there is legislation surrounding this so it is the same across the country.

If you miss a payment you get a reminder.

If you bring it up to date then all is fine.

If you miss another payment you get a second reminder and this will be the last reminder you would get (only allowed to send 2)

If you do not bring your account up to date after the first reminder OR second reminder or you miss a 3rd payment you are sent a Final notice.

This final notice asks you for the entire balance for the year. At this stage if you cannot pay in full (and let's face it most people couldn't) it then goes to court. Usually no payment arrangement is made at this stage as the only action they can take to recover the money is to write you a letter which obviously isn't working!!

This is a Magistrates Court (not a county court so no CCJ) this is to get them a "liability order" which just says that X is the liable person for that particular bill. Once they have the liability order then you can make a payment arrangement as they then have the power (should you fail to keep your payments up) to deduct the money you owe straight from source (they write to your employer) so your employer takes the money from your salary and pays it to the council on your behalf. They are legally entitled to now ask for your employment details and ask you to fill in a financial questionnaire.

If you are on benefit it will be taken directly from your benefit. If you are self employed/don't work but don't claim benefit then it is passed to the bailiffs. Also if you are a pensioner then they can deduct money from the pension credits.

I really hope this helps everyone out there. It is one of the bills to prioritise if you have financial difficulties as the percentage that they take from your salary is set by central government and is eyewatering!!!!

I am now a sahm, so no shouting please