Advice please re; Commital to prison proceedings

[tim000222]

I am required to attend court in a couple of weeks time for committal to prison proceedings involving the last 5 years council tax totalling 6500 approx. I need to know whether a few days prison would leave me having paid my dues with the debt no longer payable after that. Many thanks in advance, if anyone is able to enlighten me.

[Inca]

Re: Advice please re; Commital to prison proceedings

I don''t think a stint in clink absolves you of the debt ???

[Amethyst]

Re: Advice please re; Commital to prison proceedings

It is usual, if convicted for non payment of council tax, to have to repay the amounts owing regardless of if you serve a prison sentence.

I'm pretty sure it's a bit more like a couple weeks rather than a few days.

Are you not paying CT through principle or hardship ?

[MIKE770]

Re: Advice please re; Commital to prison proceedings

Double jepardy I have been told

[wales01man]

Re: Advice please re; Commital to prison proceedings

if a few days in clink is wworth 5 grand debt wipeout there would be a long long queu

[Amethyst]

Re: Advice please re; Commital to prison proceedings

I don't know where in the country you are but for ref this is the info from Burnley council

Committal to prison for non-payment of Council Tax

If other methods of trying to recover the money you owe have been unsuccessful then the Council can apply to the Magistrates' Court for you to be committed to prison.

You are required to either pay the total sum due in full or attend the Court hearing as you have been summonsed.

At Court you will have to appear before the Magistrates to explain why the Council Tax has not been paid.

Magistrates will conduct an enquiry into your means at the time the debt became due. You will be required to tell the court of your household income and how that income was spent. If the Magistrates find you guilty of wilful refusal to pay or culpable neglect to pay the Council Tax they may commit you to prison for up to 90 days for each Liability Order that you owe. The Council will also request that the court award costs against you of £305.00 in respect of the committal summons.

If you are committed to prison you will still owe the Council Tax plus additional costs.

If you have received a summons for a committal application you are strongly advised to seek legal advice
.... - See more at: http://www.burnley.gov.uk/residents/...on-non-payment

[wales01man]

Re: Advice please re; Commital to prison proceedings

Damn got to pay tax now

[labman]

Re: Advice please re; Commital to prison proceedings

You'll only get put in prison for willful refusal to pay. If you've made every effort, but are just genuinely struggling, it is highly unlikely you will go to prison. If you've made no effort to make repayments, ignored letters, summons etc... then that would be willful refusal.

The debt remains payable.

Can I ask what Amethyst asked earlier please - is this non-payment out of principle or circumstance?

[bluebottle]

Re: Advice please re; Commital to prison proceedings

If your non-payment of CT is due to financial hardship, it is, indeed, rare to commit to prison in such circumstances. A local authority that sought to commit someone to prison for non-payment of CT due to financial hardship would be putting not only its reputation at risk, but the safety of its employees and councillors at risk, also.

If your non-payment of CT is purely on principle, then I am afraid, as the others have said, wilful refusal or failure to pay is likely to result in a spell in one of Her Majesty's Holiday Camps.

[enquirer]

Re: Advice please re; Commital to prison proceedings

A local authority that sought to commit someone to prison for non-payment of CT due to financial hardship would be putting not only its reputation at risk, but the safety of its employees and councillors at risk, also.

And above all, their squalid careers.

[FlamingParrot]

Re: Advice please re; Commital to prison proceedings

I am required to attend court in a couple of weeks time for committal to prison proceedings involving the last 5 years council tax totalling 6500 approx. I need to know whether a few days prison would leave me having paid my dues with the debt no longer payable after that. Many thanks in advance, if anyone is able to enlighten me.

It's all at the court's discretion, see below. The prison sentence can be up to 3 months.

Prison

If your council has tried using bailiffs but your bill still isn’t paid, they can apply to the Magistrates’ Court for a warrant to send you to prison.
The court must hold an enquiry with you present. This is to find out if you can afford to pay the bill. If the court doesn’t think you have a valid reason for not paying, it can send you to prison for up to 3 months.

The court may decide to postpone imprisonment on certain conditions, like you agreeing to repay the debt over time. The court can also cancel all or part of the debt.

Source: https://www.gov.uk/council-tax-arrears

[MIKE770]

Re: Advice please re; Commital to prison proceedings

I don't know where in the country you are but for ref this is the info from Burnley council

And that was the Double jepardy I mentioned!:beagle2222:

[tim000222]

Re: Advice please re; Commital to prison proceedings

Wow! Thank you for all your replies! What a fantastic and helpful community here. It seems as though a few days in jail maybe a few weeks and I will still owe the money. I don't have it, but can probably borrow it. The tax has not been paid because I don't have it....however someone did offer on my behalf 3k in full and final settlement a year ago which was rejected

[CleverClogs]

Re: Advice please re; Commital to prison proceedings

The tax has not been paid because I don't have it....however someone did offer on my behalf 3k in full and final settlement a year ago which was rejected

As it isn't open to negotiation, the offer would be rejected.

Have you ever considered emigrating to Costa Rica?

[labman]

Re: Advice please re; Commital to prison proceedings

Wow! Thank you for all your replies! What a fantastic and helpful community here. It seems as though a few days in jail maybe a few weeks and I will still owe the money. I don't have it, but can probably borrow it. The tax has not been paid because I don't have it....however someone did offer on my behalf 3k in full and final settlement a year ago which was rejected

I think that because we are dealing with the public purse here in the form of a tax, they will be unable to accept F&F's on the debt. Have you tried to repay anything at all, or come to any sort of repayment arrangements with them? It is a priority debt, and as such should have taken priority over many other things.

Forgive me if you've already said, but what are your circumstances and why is it that have been unable to make payments towards the debt for so long?

I know it appears intrusive and nosey, but even if you borrow the money (a better idea than going to prison), you are still going to end up having to pay it back, and a debt to a friend will not be considered a priority. Have you other financial issues which you can share with us, as we might be able to help? Many of us have been in a similarish place to where you appear to be - I have, and I'm still battling. However, I'm still here and still smiling as well. There's not much you could share that one of us has not been through and learnt from.

The CTax issue might have brought things to a head, but it's probably a good opportunity to take the bull by the horns and tackle everything now. We can only help if you share the issues though. :beagle: