Bluebell's Debt Thread & Hardship Claim

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

They're actually both with EDF, as is gas now. We could change the new one I suppose - might add another thing to my to do list - research gas/leccy rates...

I do not want a prepayment meter - it was horrendous throughout last winter - we were constantly on the emergency £5 and seemed to go through electricity so fast (even thought we were only paying back £5/week). I'm sure there was something dodgy going on. Anyway that's irrelevant now.

I just phoned EDF to get a proper figure -at first they said £1150 then they changed their mind and said it was £1067. It just gets worse.

I'll send the water and electric my own personal spreadsheet as the debts are in my name only.

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

I do not want a prepayment meter - it was horrendous throughout last winter - we were constantly on the emergency £5 and seemed to go through electricity so fast (even thought we were only paying back £5/week). I'm sure there was something dodgy going on. Anyway that's irrelevant now.

I know exactly what you mean hun, I'm on prepayment now and its a complete bugger.


Well done for phoning them for a figure. You really need a full account statement sending to you so you can see where the debts built up from.

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

I know where they built up from - me ignoring the bills which were underestimated anyway - so for probably a whole year I didn't pay and then I gave them a reading which doubled their estimate. I swear WHEN I get out of this mess I'll never let myself slip into it again.

Ame I'm sorry you've got a prepayment meter they are horrible:hug:. I suppose the only good thing was that it made me more aware of what I was using. EDF Liars tricked me into having it - they said it would cost no more than having a normal meter.

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

Oh god! I received a summons today for the Council Tax.

So I phoned them and said I had a letter written re a payment proposal with an IE sheet (I didn't say it was for just £10/month) and am sending it today. The woman I spoke to rattled off something about getting a liability order and attachments to earnings but to send the letter in for them to look at. I've heard of the term Liability Order but I don't really know what it is - could someone explain it to ? We have to pay £40 (each I think) now for costs (each I think). I'm scared.

Can the court process not be stopped? I wish I understood a bit more - as I'm sure its very simple.

Groan

[Amethyst]

Re: Bluebell's Debt Thread & Hardship Claim

Here hunny don't worry. this is from Adviceguide.co.uk - Resources and Information.

What happens if you don’t pay

If you fail to pay off your council tax arrears, or to reach an agreement with the
council, your council can apply to the local magistrates' court for a liability
order. This is a court order which says that you must pay the whole amount of
council tax owed for that year, not just the arrears. The liability order allows
the council to take action against you to make you pay.

If you owe the council tax jointly with someone else, the council can still ask
you to pay the whole amount back.

You will be sent a summons. This is a court document telling you how much
the council says you owe and the date and time of the hearing where the
court will consider whether to make the liability order. The council can add
costs to the amount you owe to pay for the liability order.

You should contact the council and try to make arrangements to pay off the
debt before the hearing. You won't be able to do this at the hearing itself. The
council might agree to let you pay off the debt in instalments, if you can't
afford to pay it all straight away. If you do make an agreement to pay, the
council may be willing to cancel the summons or to cancel (waive) the court
costs, provided you keep to the arrangement.

If you don't agree you owe the council tax, for example because you've been
charged for a period when you no longer lived at that address, tell the council
straight away. If they agree, they can stop the court action. If they don't agree
or you can’t contact the council, you will need to go to the court hearing at the
time shown on the summons.


What happens at the liability order hearing

At the liability order hearing, the magistrates will decide whether you are the
person responsible for paying the council tax and make a liability order.
If you agree that you are responsible for paying the council tax, you don't
need to go to the hearing

You have sent off the letter now with your offer for payment - you are keeping up with your current council tax liability so its only the arrears so they should allow an installment to be made on that. Att, to earnings they can't do on you, as you have none, they could do on OH - and I don't know how him applying for bankruptcy effects it. Hopefully the installment offer will stave things off a little.

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

Gawd, thanks Ame. In the end my *@~"!!* printer decided to run out of ink so I had to email the letter to them!!!!

I can breathe again now.

[scoobydoo]

Re: Bluebell's Debt Thread & Hardship Claim

keep going bluebell

With Ames help at least you are moving forward.

Jan

[tomterm8]

Re: Bluebell's Debt Thread & Hardship Claim

A liability order is like a CCJ... it allows them to put an attachment of earninings on your job, try to enforce through baliffs etc, obtain information about your assets from you and etc. The main difference is it is a common law offence to refuse to pay a liability order if you have the means to do so.

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

Thanks Tomterm. I understand now. If you do refuse to pay (when you have the means to do so) is it correct that you can be arrested? I seem to remember reading something somewhere about it. Also a week after we moved in a HMCS bailiff knocked on the door asking for the previous tenant - and said he had a warrant for his arrest. I thought it was terrible to tell someone another person's business but was too shocked and taken off guard to say anything.

[tomterm8]

Re: Bluebell's Debt Thread & Hardship Claim

Thanks Tomterm. I understand now. If you do refuse to pay (when you have the means to do so) is it correct that you can be arrested? I seem to remember reading something somewhere about it. Also a week after we moved in a HMCS bailiff knocked on the door asking for the previous tenant - and said he had a warrant for his arrest. I thought it was terrible to tell someone another person's business but was too shocked and taken off guard to say anything.

No, not quite. If you have a liability order made against you, and you don't pay, they can issue a summons to a commital hearing. At the hearing, the judge will assess your income and outgoings, and set an amount that you should pay (this could even be 10p a year). if you pay this amount, then there is no prospect of going to jail.

If you don't attend the hearing , a warrant of arrest can be issued. This warrant does not mean you have been convicted of any crime, but you can be put into custody until you either go to the hearing or get bail. Typically, you will get bail quickly unless you are likely to abscond (i.e. of no fixed abode).

It's quite often the case people with a warrant of arrest have simply moved, and legitimatly didn't recieve the summons... I am surprised, though, i thought only police officers and High Court Enforcement Officers could serve a warrant.

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

hmmmm. Even more reason to face debts I think and keep things organised. It's so easy to let one thing slip and then the whole lot seems to go out of control. So much paperwork too I'm sure that's another reason why it's easy to lose track.

The man who came to our door just had an HMCS badge - he didn't show any id or anything. brrrr

I phoned EDF to find out who to send an email to regarding making an offer of payment - apparently they don't have a billing email. :rolleyes:

[WendyB]

Re: Bluebell's Debt Thread & Hardship Claim

I think VAT peeps can serve a warrant as well. At least I could when I was a VAT person. The VAT inspectors commission was signed by Queenie and carried more power than the police. if we were working alongside police we had more power than they did. I could arrest people and all sorts. And tell police officers what to do. Didn't always go down too well, tbh lol. Might have changed now that its "HM Revenue and Customs" but I doubt it.

[tomterm8]

Re: Bluebell's Debt Thread & Hardship Claim

WendyB, I was talking about arrest warrants for council tax... I am very surprised a VAT inspector would ever need to serve a warrant of arrest, since VAT evasion would always be covered by the general power of arrest specified in PACE 1986 s.24(6), and VAT officers are actually commisioners of exercise under the Value Added Tax Act 1994 and so have general powers of arrest, search, seasure, detainment and confiscation specified under the Customs and Excise Management Act 1979.

Certainly in the past, the Commisioners for excise were legally constables, so they had the same powers as police officers... they were, to all intents and purposes police officers... i don't know of anything that has changed in the area, but there has been SO much legislation recently, i am not up to date.

[WendyB]

Re: Bluebell's Debt Thread & Hardship Claim

Sorry Tom, crossed wires. My fingers started typing before I'd got my brain into gear.

[Bluebell]

Re: Bluebell's Debt Thread & Hardship Claim

just received an email from the Council tax people:

Dear Bluebell

Having looked at your account and the numerous arrangements that you have previously made and not kept to, I can not agree any other figure for repayment other that the amount already agreed with my colleague.

If payment is not made as previously arranged then we will have no other option other than to ask a collection agency to recover the debt on our behalf which will incur further costs to you.

Yours

I offered £10/month. Which we can only just afford as I have made a surplus of £19 on our spreadsheet.

I can't understand how someone can just decide to say no because I didn't keep up arrangements in the past because I couldn't afford them. I explained our situation quite clearly I think. It's like a punishment. Will I have to go to court now to ask the judge to say how much I should pay? Could the judge decide I have to pay it all off in one go? The last arrangement we made was for £125 or £140 p/month I think.

Can't stand this!