Liability order information preliminary to distress

[mumof2]

I am trying to get some advice for my mum and dad who have a problem with council tax arrears.

My mum has no income and my dad claims dla and pension credite, they don't claim housing or council tax benefit because of the non dependent deductions due to my brothers and sisters earnings.

They have just received several letters from Rossendales titled COUNCIL TAX NOTICE OF ISSUE OF LIABILITY ORDER INFORMATION PRELIMINARY TO DISTRESS.

They are not disputing the amounts owed, they were already paying these arrears through an attachment of benefits order when they were claiming income support, but my dad was asked to make a claim for pension credits instead, so this messed up the arrangement and was not carried over to the pension credits claim.

My mum is getting really stressed out as she doesn't know what to do, she wants to make a new payment arrangement with the council or bailiffs, but she doesn't know who to write to or what to say in the letters.

Any help would be appreciated, thank you

Michelle

[charitynjw]

Re: Liability order information preliminary to distress

Hi mumof2,

Have you read through our section on baliffs & council tax? ( http://www.legalbeagles.info/forums/...67-Council-Tax )

[ploddertom]

Re: Liability order information preliminary to distress

You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

[ploddertom]

Re: Liability order information preliminary to distress

The above post is good for both your parents & yourself. There is a good chance your parents are classed as vulnerable according to the National Standards for Enforcement Agents particularly as one of them receives DLA - is this Lower, Middle or Higher Rate & do they also get the Care Component?

[bizzybob]

Re: Liability order information preliminary to distress

Are the council aware of the DLA? if not you shouild inform them, and send a copy of the award notice as well as to Dossendales, mentioning that they are vulnerable according to the National Standards mentioned above. If they persist with bailiff action it will be easier to raise Foormal Complaints when or ifthe council and dossers carry on regardless.

[bizzybob]

Re: Liability order information preliminary to distress

This sent to council with copy to tossendales may be worth a punt, other Beagles will no doubt improve and amend


Ref: 000000
Dear XXX

I am writing to inform you that I am potentially vulnerable under the National standards for Enforcement Agencies, I am in reciept of DLA ....rate.... and my other income is pension credit.

I enclose a copy of my DLA award notice, and an income and expenditure sheet (attached), so would ask that you withdraw the case from Rossendales and I will
arrange with yourselves to pay the debt in a timely manner at a rate affordable to my financial circumstances.

Yours faithfully etc

[Sir Vere Brayne d'Emmidge]

Re: Liability order information preliminary to distress

Mustn't forget that ALL people listed on a Council Tax Bill are jointly and severally liable for council tax, see here:

http://www.legislation.gov.uk/uksi/1...lation/27/made

[bizzybob]

Re: Liability order information preliminary to distress

Mustn't forget that ALL people listed on a Council Tax Bill are jointly and severally liable for council tax, see here:

http://www.legislation.gov.uk/uksi/1...lation/27/made

It is unlikely that the non dependents are named on the bill, in any event one vulnerable person even a child with a disability renders the whole household vulnerable under the National Standards

[labman]

Re: Liability order information preliminary to distress

Hi Mumoftwo,

I notice you have not posted anything since your original post. How are things going with this? Have you any updates? - It's been a while! :beagle:

[mumof2]

Re: Liability order information preliminary to distress

Sorry its been so long since i posted, i've had so much going on its unbelievable.

After sending letters to both Rossendales and the Council and several emails also sent to the council, the council finally replied saying that they could not take the debts back due to the amounts she owes and the length of time it would take to pay back.

She's really worried now and is considering making an offer to Rossendales but is worried that they will expect her to pay more than they can afford.

She's not one to make to much of a fuss with regards to making complaints, she just wants to pay the debts off. I just don't know what to advise her anymore


Thanks

[seduraed]

Re: Liability order information preliminary to distress

You stated in a earlier post that they dont get benefit due to non dependants incomes . Are these non dependants actually contibuting to the rent . If not or even if they have jobs couls they not agree to take on the laibility for CT away from your parents . Payments can be made direct to the council there is no requirement to tell rossendales .