AVOIDING
Tax avoidance is legal, evasion isn't. Or is that your point.
Bailiff query...
- Thread starter penski
- Start date
Tax avoidance is legal, evasion isn't. Or is that your point.
So they never sent her a bill or any reminders?
Didn't it occur to her that she would have to pay it one day?
I know she's 59 or whatever but 59 isn't 99.
If it's for council tax then they can enter her property. She needs to organise something with the council, then they should call of the baliffs. Most of the time, they are used to scare people into action, the council doesn't really want to use them as iirc, the council requires a court order in order to enter the house which they could easily get but it's still a pain in the bum. They would much rather have a situation where the money was being paid back.
I think in regards to council tax the debt isn't 'sold' to the baliffs unlike with other companies/banks etc.
I think in regards to council tax the debt isn't 'sold' to the baliffs unlike with other companies/banks etc.
Thanks for the reply
So if she sets up payments tomorrow, she will avoid prison? She hasn't made a payment yet for this year.
*n
Certainly. By the time the bailiffs hand the account back to the council and it (if it does, at that point) goes before a court we're talking 3-4 months time (if the bayliffs are now still at the initial knocking stage). 3-4 payments is evidence of her making a reasonable effort. That's academic really though, because if she goes down to the council tomorrow she'll be asked to fill in a means assessment form, and given an idea of what she can expect to be paying. Ideally she should take it home and do it, so that she can send her first payment as a postal order actually with the form (sounds odd, but this was what my ex was advised to do, and it did work. If she fills it in there and then she'll have no opportunity to make a small initial payment (she'll be asked to set up a direct debit etc, which will take weeks. And every payment will count, she needs to start paying ASAP). If she does converse with the bailiffs she needs to be polite but very firm in her assurance that she's now paying the council directly. They will of course persist, in the interest of their own wage, she just needs to stand firm.
Caporegime
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That was why I corrected the erroneous quote, yes.
It's not so much that they don't 'want' to use them, it's more that they're not exactly easy to acquire. If the woman has made an effort to make payments the court order will not be issued, ergo she needs to act on it by making payments pronto. And afaik the 'account' (as you said, not the 'debt', as it's not regular debt) will be passed back to the council long before this happens.
Associate
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- Surrey
If shes eligible a backdated benefits claim is an idea for the time she was off work, unless they paid her full sick leave then unlikely. There are lots conditions of course being the council but im sure she can get something!
Try and figure out when she last paid and how long she was off work and what benefits she received while she was off work, she should be able to claim while she was off work and also make sure that if she is living on her own on low income she is claiming for such from the council.
It sounds like she should be able to reduce the debt a bit, as for the outstanding debt, if she phones them up they will be able to come to an arrangement but she MUST look at her finances and make sure she can pay it and not offer some thing she cant afford.
It sounds like she should be able to reduce the debt a bit, as for the outstanding debt, if she phones them up they will be able to come to an arrangement but she MUST look at her finances and make sure she can pay it and not offer some thing she cant afford.
This happened to our neighbours down our end last year. They are old, always worked and now retired, but their rent and council tax had gone into arrears because they had no income. So in comes the council bailiff, remember these are very old and frail. A very large Blackman crashed through the front door pushing them out of the way and demanding money or goods. They actually phoned the police on grounds of plain assault but were told there was nothing they can do as they were well within the remit of their job to come booling in like that.
Sound like they'd let it go to far without trying to pay.
for the OP this was just the 1st letter I doubt they will be back for a month+
so She has that time to sort it out but Tomorrow would be best.
She needs or better still a friend to go to the council hand in a letter from the doctors saying she wasnt working and/or unable to move too inform the council, then she needs to ask if she can be evaluated for council benefit and ask for it to be back dated.
The Council can only backdate your claim if you have a good reason for not claiming earlier and can prove this. This is known as 'good cause'. Your explanation must cover the whole period for which you are requesting backdating. Any request for backdating must be made in writing. Please phone us for more information.
If the Council decides there was a 'good cause', then a claim can be backdated for a maximum of 52 weeks from the date the written request is received.
Examples of 'good cause'
If the claimant was ill and had no-one to make the claim on their behalf. <--- this
If the claimant could not reasonably have been expected to known their rights, e.g. if there have been detailed changes in the law.
If the claimant did not understand that they could claim, perhaps because of age, inexperience, language difficulties, difficulty in understanding technical documents or some other reason. <---- and this.If the claimant was wrongly advised that they were not entitled to HB/CTB.
If the claimant was unable to manage their affairs and did not have an 'appointee'.
The Council can only backdate your claim if you have a good reason for not claiming earlier and can prove this. This is known as 'good cause'. Your explanation must cover the whole period for which you are requesting backdating. Any request for backdating must be made in writing. Please phone us for more information.
If the Council decides there was a 'good cause', then a claim can be backdated for a maximum of 52 weeks from the date the written request is received.
Examples of 'good cause'
If the claimant was ill and had no-one to make the claim on their behalf. <--- this
If the claimant could not reasonably have been expected to known their rights, e.g. if there have been detailed changes in the law.
If the claimant did not understand that they could claim, perhaps because of age, inexperience, language difficulties, difficulty in understanding technical documents or some other reason. <---- and this.If the claimant was wrongly advised that they were not entitled to HB/CTB.
If the claimant was unable to manage their affairs and did not have an 'appointee'.
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yes
No idea. I once saw one dangled over the edge of a 12th story balcony. And I have to admit I didn't not enjoy seeing it. Scum of the ****ing earth.
A quick update - I popped 'round earlier. She had calmed down a lot which was good.
She has doctor's correspondance for arranging surgery and physio. She is going to get a defined letter stating reasons for nonpayment tomorrow.
We're off to the coonsil tomorrow afternoon. I'll update with how it goes.
Bonus: 'You and Laura are so good for me. I've got a lot of time left in me but I'll take care of you when I'm gone...'
I told her not to be daft.
*n
She has doctor's correspondance for arranging surgery and physio. She is going to get a defined letter stating reasons for nonpayment tomorrow.
We're off to the coonsil tomorrow afternoon. I'll update with how it goes.
Bonus: 'You and Laura are so good for me. I've got a lot of time left in me but I'll take care of you when I'm gone...'
I told her not to be daft.
*n