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Posted: Sat Aug 04, 2007 10:41 pm
by emily.h
can an IVA include council tax debt? This matter has gone to court and bailiffs have an order to remove goods
Posted: Sun Aug 05, 2007 7:38 am
by hara
No these are called priority debts and as for as I am aware can not be included?
Are things so bad? I really am very sad for you and things will be okay in the end.
Hara.
Posted: Sun Aug 05, 2007 8:15 am
by Cybus
In order to give a clearer picture, could you please provide an estimate of what you owe to all your creditors?
As hara suggests, Council Tax is a 'priority' debt and should be paid as and when due in a similar way to your utility bills.
As I see it there are now only two ways that you can prevent a visit from the bailiffs.
1. By paying off the amount that is due; or
2. Obtaining an Interim Order through the court which can only really be done by an IP submitting an IVA proposal to the court- (Ideally the process of applying for an Interim Order would have been well under way by now)
Without knowing more about your circumstances, it is not possible to determine if an IVA is the right way forward for you.
I am quite rusty on CCJ's, but I thought at one time, if you could not afford to make full payment of the debt outstanding then you could set out your position to the Court, detailing what you could afford to pay and the Court could order you to pay so much per week or month based upon your circumstances.
The process of bailiffs obtaining instruction to collect is not a swift one and I would urge anyone else in this position to seek help as early as possible.
In most instances you would have first been issued a Statutory Demand. On failing to pay up on the Statutory Demand, the Council would issue a County Court Summons. At the hearing a CCJ would have been issued giving you a certain amount of time within which to pay the outstanding debt. After that time, the council can apply for a warrant of execution if their debt remains unpaid at which point the bailiff becomes involved.
Tell it like it is.
Posted: Sun Aug 05, 2007 8:30 am
by hara
The balifs can not force entry , unless you let them in or gain entry by some other prtext they can not come in.
If they are through the front door,they can as I understand,they can gain forced entry that time and subsequent times.
Also they can enter if a window is open or I think unlocked.
As the above posting says,you need to supply some more details.
I do not think Priority debts can be included in IVA.
Hara
Posted: Sun Aug 05, 2007 11:58 am
by poppy
Hi, I was advised that priority debts could not be included in the IVA. Have you rang the council as they may be able to give you reduced payments for a while and work out a repayment plan?
Posted: Sun Aug 05, 2007 7:20 pm
by Adam Davies
Hi
Well I was under the impression that council tax COULD be included within an IVA.Why is it any different to unpaid income tax,utilities etc etc ?
Regards
Andy Davie
IVA.co.uk Spokesperson
About me:
http://www.iva.co.uk/andy_davie_profile.asp
IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Posted: Sun Aug 05, 2007 7:35 pm
by zoe
Hi All
Yes it can definately be included. I work in Council Tax!!!!
Z
x
Zoe
x
Keep your chin up - everything happens for a reason!
View my blog
http://zoes.blogs.iva.co.uk/
Posted: Sun Aug 05, 2007 10:56 pm
by MelanieGiles
And I can also confirm that Council Tax arrears can be included in IVA's, but that tax for the current year has to be paid on an ongoing monthly basis via the income and expenditure account.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
For further details contact me at
http://www.melaniegiles.com and view my IVA blog at:
http://melaniegiles.blogs.iva.co.uk
Posted: Mon Aug 06, 2007 8:55 am
by Cybus
Council Tax can be included. I class it as a 'priority' payment because doing otherwise could send out the message that it is acceptable to not make payment of it in favour of other things. It's not really encouraged to miss payments of anything that is owed. Council Tax is payment for services, whatever standard they may be, that have been provided to individuals. I have less sympathy for banks and financial institutions that give out credit willy nilly.
Tell it like it is.
Posted: Mon Aug 06, 2007 9:28 am
by iva experts
Hi Emily and Welcome !
I agree with other experts on this one, council tax can be included in an IVA if it is not for the current year.
Best Regards. IVA Experts
Posted: Mon Aug 06, 2007 9:54 am
by Oliver
You will not be able to include Council Tax for the current year as you will be given a budget to pay this but all previous years arrears could potentially be included in the IVA.
Best Regards
Oliver
Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at:
www.thomascharles.com/about_us.asp
Posted: Mon Aug 06, 2007 3:39 pm
by iva_squirrel
Hi emily.h,
Yes you can include council tax as long as its not from the current year.
Regards,
Michelle P.