Statutory Demand for Council Tax arrears

[Walker]

I have received a Statutory Demand from solicitors acting for my local council. I have substantial council tax arrears. I have applied to the local court to have the SD set aside, and a hearing date has been given for later this month.

In a nutshell:
I am on means-tested benefits and have been receiving Council Tax benefit for a couple of years now, so the arrears are not increasing.
The council receive a small payment as a direct deduction from my benefits.
I have offered them a repayment proposal that would clear the arrears in about 10 years.
I have provided them with an income and expenditure report to show that the repayments offered are affordable and the maximum available.
I am buying my house on a mortgage and therefore bankruptcy is to be avoided.

Any advice please on 1) sensible arguments to put forward at the set aside hearing 2) how to negotiate with the solicitors or the council to persuade them to drop the SD and accept my payment proposal.

Thanks!

[Amethyst]

Re: Statutory Demand for Council Tax arrears

Hiya (again )

When you say substantial, how much is the SD for ?

Did you receive warning of this action being taken in advance and did you respond to that warning with the offer of a repayment proposal ?

Also what 'defence' did you give on your set aside forms? or was that the repayment proposal ?

Did you get a Means Enquiry form previously ?

[Walker]

Re: Statutory Demand for Council Tax arrears

The SD is for £10000-odd.

I did not receive any warning from the council that a statutory demand was being considered, but the council previously sent bailiffs to try and collect on liability orders (without success).

My statement on the set-aside application includes the payment proposal and the fact that I have provided an income and expenditure statement.

As I’m sure you will agree, the SD is a pretty blunt tool and I really wanted a way to avoid bankruptcy. I hope I can get agreement to my payment schedule without having a lot of solicitors costs added to the arrears.

[Walker]

Re: Statutory Demand for Council Tax arrears

Anybody?

My set-aside application is being heard tomorrow and I would be grateful for any advice that might help things go my way.

[EXC]

Re: Statutory Demand for Council Tax arrears

Hopefully someone will be along in a bit.

[CYNthesys]

Re: Statutory Demand for Council Tax arrears

Where you say "The council receive a small payment as a direct deduction from my benefit ", is this payment made against your arrears, or is it for something else, eg a non dependent deduction?

[bluebottle]

Re: Statutory Demand for Council Tax arrears

What is the council doing pursuing two forms of enforcement for the same matter at the same time? Also, if the amount is less than £20,000, courts are usually reluctant to grant Bankruptcy Orders unless the judge is, for want of a better description, a rubber-stamping clown.

[Amethyst]

Re: Statutory Demand for Council Tax arrears

All you can do is put forwards your proposals for payment. That you have a liability order already for the debt and that you haven't previously made arrangements to pay through the council or the bailiffs. The debt built up before you were in receipt of council tax benefit and I doubt that will have bearing on your case. Be prepared for the set aside being denied.

What were the reasons for not paying the council tax previously ?

[Nibbler]

Re: Statutory Demand for Council Tax arrears

May be worth bringing the council's attention to: http://www.lgo.org.uk/complaint-outc...ncil-06b16600/