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Hello
I would be most grateful for some urgent advice from those in the know. I have read some threads and understand the legal clauses i.e. Willful Refusal and Culpable Neglect etc but would like to post the specific situation.
I have a friend who has got himself into a bit of a pickle due to a redundancy, new baby and genuinely been unable to afford to pay his council tax. The arrears are approximately 5k - 6k and span over 4/5 years.
I did not know about the situation until he shared it with me else I could have influenced him to talk to someone to stop it getting to this stage.
Unfortunately, he was also not aware of the 'priority debt' principle and stopped making payments all together to be able to feed, clothe his kids and meet day to day expenses. He does not have credit cards and has not spent on any 'luxuries' and could not even afford to send his family members to a funeral in a different country so please be nice. I am just interested in getting the due process and some factual advice rather than a slating.
He has now received a letter titled 'COUNCIL TAX APPLICATION FOR COMMITAL WARRANT' from a London Borough council.
I can scan and post the specific letter if needed but it lists the debt owed going back to April 2008 and years unpaid. 08-14. The letter states the enforcement agents have been unsuccessful and have passed the debt back to the council. They have also enclosed a 'means assessment form'.
When I found out I encouraged him to touch base with the council to negotiate a payment plan and the officer/council tax person is playing hardball stating that the full balance needs to be paid or she will make an application for commital to prison! The hearing is in less than a week.
He is really concerned and with 2 kids does not want to attend the hearing and is looking for a way out, e.g. sell his belongings, borrow money where he can (this is where I come in but do not see it as a long term solution) and it may strain our friendship. Friendship and money never mix!
I think it is scare tactics and he said he does not want to take the risk of going to court even though I think the Mags may setup a plan.
This was a genuine error through unaffordability, he has no credit cards, no mortgage and can just about afford the rent and feed the kids but understandably is really worried as he has never been in trouble before and worries about a criminal record.
Can he go to prison? Where does he stand? What is the best thing to do?
I have also advised that he goes to CAB but is desperate and the council are not being very helpful.
Grateful for some advice.
Thank You.
Scoobster
I would be most grateful for some urgent advice from those in the know. I have read some threads and understand the legal clauses i.e. Willful Refusal and Culpable Neglect etc but would like to post the specific situation.
I have a friend who has got himself into a bit of a pickle due to a redundancy, new baby and genuinely been unable to afford to pay his council tax. The arrears are approximately 5k - 6k and span over 4/5 years.
I did not know about the situation until he shared it with me else I could have influenced him to talk to someone to stop it getting to this stage.
Unfortunately, he was also not aware of the 'priority debt' principle and stopped making payments all together to be able to feed, clothe his kids and meet day to day expenses. He does not have credit cards and has not spent on any 'luxuries' and could not even afford to send his family members to a funeral in a different country so please be nice. I am just interested in getting the due process and some factual advice rather than a slating.
He has now received a letter titled 'COUNCIL TAX APPLICATION FOR COMMITAL WARRANT' from a London Borough council.
I can scan and post the specific letter if needed but it lists the debt owed going back to April 2008 and years unpaid. 08-14. The letter states the enforcement agents have been unsuccessful and have passed the debt back to the council. They have also enclosed a 'means assessment form'.
When I found out I encouraged him to touch base with the council to negotiate a payment plan and the officer/council tax person is playing hardball stating that the full balance needs to be paid or she will make an application for commital to prison! The hearing is in less than a week.
He is really concerned and with 2 kids does not want to attend the hearing and is looking for a way out, e.g. sell his belongings, borrow money where he can (this is where I come in but do not see it as a long term solution) and it may strain our friendship. Friendship and money never mix!
I think it is scare tactics and he said he does not want to take the risk of going to court even though I think the Mags may setup a plan.
This was a genuine error through unaffordability, he has no credit cards, no mortgage and can just about afford the rent and feed the kids but understandably is really worried as he has never been in trouble before and worries about a criminal record.
Can he go to prison? Where does he stand? What is the best thing to do?
I have also advised that he goes to CAB but is desperate and the council are not being very helpful.
Grateful for some advice.
Thank You.
Scoobster
