Am I Right To Be Feeling This Way?
Family Life1 min ago
Missed court for Non PaymentCouncil Tax
Hi all,
My sister didnt attend court yesterday for non payment of council tax (£600) she hasnt contacted them either. Does anyone know what happens next? She was in court not so long ago for benefit fraud and this is the council tax money she owes from that period.
My sister didnt attend court yesterday for non payment of council tax (£600) she hasnt contacted them either. Does anyone know what happens next? She was in court not so long ago for benefit fraud and this is the council tax money she owes from that period.
Answers
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Chances are the court will now make an order for the scum - sorry, bailiffs - to pay a visit. They usually write first to warn you they're coming. I would think any ongoing payment arrangement will be through them. However they're not the most understanding of people (they generally have neither brains nor concsciences) and are likely to demand the entire sum.
The council will have sought, and obtained, a liability order against you sister. If she had been present she might have persuaded the court to make an order for attachment of earnings or attachment of benefit, so that the money would be paid (in instalments) directly from her income.
As she wasn't present, the only two options left to the court will have been to authorise action by bailiffs or to commence committal proceedings (leading to up to 3 months imprisonment). Of those two options, action by bailiffs is the far more likely one.
Paying back money via bailiffs is nearly always an incredibly expensive way to do it. For example, your sister might have a TV set which she recently purchased for £300. When it's sold at auction, potential purchasers won't know whether it's fully working, so it's unlikely to attract a bid much higher than, say, £50. The auctioneer will keep at least £5 of that as his commission. The bailiff's fees, in relation to the TV, might be £30. So the loss of a £300 TV set will only see £15 of the debt paid off.
Chris
As she wasn't present, the only two options left to the court will have been to authorise action by bailiffs or to commence committal proceedings (leading to up to 3 months imprisonment). Of those two options, action by bailiffs is the far more likely one.
Paying back money via bailiffs is nearly always an incredibly expensive way to do it. For example, your sister might have a TV set which she recently purchased for £300. When it's sold at auction, potential purchasers won't know whether it's fully working, so it's unlikely to attract a bid much higher than, say, £50. The auctioneer will keep at least £5 of that as his commission. The bailiff's fees, in relation to the TV, might be £30. So the loss of a £300 TV set will only see £15 of the debt paid off.
Chris
-- answer removed --
Magistrates do not authorise the use of bailiffs.
As Chris suggested earlier, it is likely that a “liability order” has already been secured from the Bench by the Local Authority. This gives them (the local authority) the right to employ bailiffs if they think it is worthwhile. It seems from what you say that the matter has advanced to the next stage which indicates that the bailiff route has been unsuccessful. Your friend has probably been summonsed for a “means enquiry”. This is to establish whether she has not paid because (a) she had the cash but chose to spend it on something else, (b) simply neglected to pay the bill or (c) did not have the funds available.
This enquiry must be undertaken before any further action can be taken and if, as you suggest, your friend did not turn up for the hearing it is likely that a warrant for her arrest has been issued. This is most likely to be a warrant “with bail” which means she will be arrested, but then bailed to appear in court. (If she does not answer court bail she is likely to be arrested and brought to court in custody).
When she finally does appear for the enquiry, the Magistrates have the option to remit (i.e. write off) some or all of the debt (if they believe (c) above) or make a payment order - which could involve instalments or a lump sum - backed by a suspended prison sentence in the event of failure to comply (if they believe (a) or (b) above).
Council Tax is different to Court fines. In the event of a prison sentence eventually being imposed the debt is not written off but remains to be paid when the debtor is released from prison.
By the way, saxy-jag, if you’ve ever been owed money you will not regard bailiffs as “scum”. For many, especially small businesses, they are an expensive way to secure monies owed from the “scum” who default on their debts.
As Chris suggested earlier, it is likely that a “liability order” has already been secured from the Bench by the Local Authority. This gives them (the local authority) the right to employ bailiffs if they think it is worthwhile. It seems from what you say that the matter has advanced to the next stage which indicates that the bailiff route has been unsuccessful. Your friend has probably been summonsed for a “means enquiry”. This is to establish whether she has not paid because (a) she had the cash but chose to spend it on something else, (b) simply neglected to pay the bill or (c) did not have the funds available.
This enquiry must be undertaken before any further action can be taken and if, as you suggest, your friend did not turn up for the hearing it is likely that a warrant for her arrest has been issued. This is most likely to be a warrant “with bail” which means she will be arrested, but then bailed to appear in court. (If she does not answer court bail she is likely to be arrested and brought to court in custody).
When she finally does appear for the enquiry, the Magistrates have the option to remit (i.e. write off) some or all of the debt (if they believe (c) above) or make a payment order - which could involve instalments or a lump sum - backed by a suspended prison sentence in the event of failure to comply (if they believe (a) or (b) above).
Council Tax is different to Court fines. In the event of a prison sentence eventually being imposed the debt is not written off but remains to be paid when the debtor is released from prison.
By the way, saxy-jag, if you’ve ever been owed money you will not regard bailiffs as “scum”. For many, especially small businesses, they are an expensive way to secure monies owed from the “scum” who default on their debts.
New Judge, the bailiff that visited us had forged my husband's signature on a document that said they had visited the house at an earlier point and he had signed it. She threatened me with the police even though I was just out of hospital at the time and on crutches with my foot in plaster.
Luckily my husband had CCTV and documentary proof that he was at work at said date and time. Although we managed to pay the bill (my mum paid it for us, but the scum conducted the whole transaction over the phone, outside my house, with their phone on loudspeaker for everyone to hear), I threatened afterwards to report them to the police and they offered us £300 hush money because (conveniently) the woman who had dealt with the case (i.e. the forger) had left their employment. However although we dropped the case, the money never came through.
All this because we fell a couple of months behind with our council tax and the council refused to listen. Afterwards I wrote to the council and told them what had happened. Interestingly, that particular firm no longer has a contract with them.
Not everyone who can't pay their bills is an evil, scrounging, irresponsible fraudster. Bailiffs, however, assume the opposite and happily trade off hardworking, struggling people's misery. I even came across one chap, a semi-professional musician, who had his instrument seized by them, so he couldn't even make a living.
Luckily my husband had CCTV and documentary proof that he was at work at said date and time. Although we managed to pay the bill (my mum paid it for us, but the scum conducted the whole transaction over the phone, outside my house, with their phone on loudspeaker for everyone to hear), I threatened afterwards to report them to the police and they offered us £300 hush money because (conveniently) the woman who had dealt with the case (i.e. the forger) had left their employment. However although we dropped the case, the money never came through.
All this because we fell a couple of months behind with our council tax and the council refused to listen. Afterwards I wrote to the council and told them what had happened. Interestingly, that particular firm no longer has a contract with them.
Not everyone who can't pay their bills is an evil, scrounging, irresponsible fraudster. Bailiffs, however, assume the opposite and happily trade off hardworking, struggling people's misery. I even came across one chap, a semi-professional musician, who had his instrument seized by them, so he couldn't even make a living.
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