Can an IVA cover council tax and utilities debt ?

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Lindz

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Post by Lindz » Fri Nov 13, 2015 8:34 am
Can an iva cover council tax and utilities debt
 
 

lifenoteasy

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Post by lifenoteasy » Fri Nov 13, 2015 8:41 am
Council tax will be covered and probably utilities as well - however there will always be the risk with the latter that they then put you on a meter or ask that you get services elsewhere.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Mr-Mrsear

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Post by Mr-Mrsear » Fri Nov 13, 2015 8:42 am
I didn't think council tax would be covered for some reason.
 
 

Michael Peoples

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Post by Michael Peoples » Fri Nov 13, 2015 8:48 am
Council tax is always included and utilities should be. It can be difficult at times if your debt is to the existing supplier but the debt should be bound.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

lifenoteasy

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Post by lifenoteasy » Fri Nov 13, 2015 9:20 am
These days even if you have no arrears linked to council tax going into an iva will create that situation due to a court ruling.

Also bear in mind that if you are a council/social housing tenant arrears can be brought into the iva but action can still be brought against you to evict you.

Although the arrears are in the iva you are still in breach of your tenancy agreement by having the arrears.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Michael Peoples

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Post by Michael Peoples » Fri Nov 13, 2015 9:45 am
We will never include rent arrears in an IVA for the existing domestic property as it can lead to eviction. Even in bankruptcy where it is clearly a preference, you are allowed to repay rent arrears if it jeopardises your home.

We may include rent arrears for a business as often the options are that the landlord accepts a percentage of the arrears or the business folds and he/she then has an empty unit and is liable for business rates.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

lifenoteasy

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Post by lifenoteasy » Fri Nov 13, 2015 9:49 am
...but there are some recent case examples where companies have included the arrears.

The company that Michael represents is more clued up than most.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

kallis3

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Post by kallis3 » Fri Nov 13, 2015 10:34 am
Hi and welcome,

Council tax will be included up until the date of IVA approval but anything after that will have to be paid up to date.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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http://kallis3.blogs.iva.co.uk
 
 

lifenoteasy

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Post by lifenoteasy » Fri Nov 13, 2015 10:52 am
kalis3 - it doesn't work like that anymore.

As council tax is effectively a future debt during the rest of the year it doesn't go back to normal until the following year.

Totally disagree with the reasoning but an IP proved it in court.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

kallis3

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Post by kallis3 » Fri Nov 13, 2015 10:55 am
That's actually what I meant - just didn't word it properly!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

lifenoteasy

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Post by lifenoteasy » Fri Nov 13, 2015 10:59 am
I can barely string 2 words together this morning - I know the feeling:)
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

kallis3

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Post by kallis3 » Fri Nov 13, 2015 11:05 am
LOL!!!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Michael Peoples

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Post by Michael Peoples » Fri Nov 13, 2015 11:14 am
I can see the logic as the debt does fall due in April. It is effectively a concession to pay over ten months but unlike car insurance for example there is little the council can do if they are included. An insurance company can cancel your policy so while it is credit it is allowed. A council could not refuse to lift your bins, turn off the street light outside your house or ban you from the swimming pool if they did not get paid!
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

lifenoteasy

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Post by lifenoteasy » Fri Nov 13, 2015 12:10 pm
But as it is a concession they can demand payment in one go.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Michael Peoples

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Post by Michael Peoples » Fri Nov 13, 2015 12:48 pm
True but they have no sanction if they do not get their money unless in following years they demand everything up front. Not sure if they could even do that to someone in an IVA but I suppose it is possible.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
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