County Court Summons for "non-payment" of Council Tax

#1
This is quite a convoluted tale, so please bear with me.......it concerns a relative of mine.

About 3 years ago my relatives husband died and shortly after his death she was subject to an interview with Pension Credit. They (Pension Credit) had found some anomalies in her case regarding benefits claimed previously when her husband was alive. She (stupidly) said the claims were above board, which they weren't - for years he'd been cheating the system with false claims which were counter-signed by my relative under threat.

She was taken to Court and found guilty of Council Tax fraud, Housing Benefit fraud and Pension Credit fraud - all of which she admitted but due to the extenuating circumstances (threats, etc by her husband) she was dealt fairly leniently by the Court. Total outstanding just short of £24,000. She was bound over for 1 year and it was agreed in Court that she would pay the outstanding monies back to Council and Pension Credit on a weekly basis, which she has been doing.

Come the new financial year and the Council have insisted that she pay more - she has provided them with an income/expenditure form showing that she is unable to pay any more than had previously agreed.

Today she contacted them and was told that because she hasn't kept to the agreement (she has been paying the agreed amount on a weekly basis) they will take her to Court again. When she challenged this statement the Council advisor apologised and said the amount is still large and not coming down quick enough - even thought the rate was agreed in Court. If the Council do take her to Court again it will cost a further £75 costs (which will be added to the outstanding amount and plunge her further into debt).

My question is, if she attends Court and pleads her case (that the amount initially set by the Court was accepted by the Council) is there a possibility of scrubbing the CCJ and the status quo be retained?

Help!! Any experts out there.......

Dave
 
#2
In summary then, she skanked the system, got caught skanking the system and you want us to help you to help get away with skanking the system.

Do one.
 
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#3
In summary then, she skanked the system, got caught skanking the system and you want us to help you to help get away with skanking the system.

FÜCK OFF.
Harsh!! But fair.
 
#5
This is quite a convoluted tale, so please bear with me.......it concerns a relative of mine.

About 3 years ago my relatives husband died and shortly after his death she was subject to an interview with Pension Credit. They (Pension Credit) had found some anomalies in her case regarding benefits claimed previously when her husband was alive. She (stupidly) said the claims were above board, which they weren't - for years he'd been cheating the system with false claims which were counter-signed by my relative under threat.

She was taken to Court and found guilty of Council Tax fraud, Housing Benefit fraud and Pension Credit fraud - all of which she admitted but due to the extenuating circumstances (threats, etc by her husband) she was dealt fairly leniently by the Court. Total outstanding just short of £24,000. She was bound over for 1 year and it was agreed in Court that she would pay the outstanding monies back to Council and Pension Credit on a weekly basis, which she has been doing.

Come the new financial year and the Council have insisted that she pay more - she has provided them with an income/expenditure form showing that she is unable to pay any more than had previously agreed.

Today she contacted them and was told that because she hasn't kept to the agreement (she has been paying the agreed amount on a weekly basis) they will take her to Court again. When she challenged this statement the Council advisor apologised and said the amount is still large and not coming down quick enough - even thought the rate was agreed in Court. If the Council do take her to Court again it will cost a further £75 costs (which will be added to the outstanding amount and plunge her further into debt).

My question is, if she attends Court and pleads her case (that the amount initially set by the Court was accepted by the Council) is there a possibility of scrubbing the CCJ and the status quo be retained?

Help!! Any experts out there.......

Dave

If she has a CCJ and the court have specified the amount she is required to pay then the council cannot force her to pay any more. They can ask but they cannot insist. Better advice is available. Open a new thread and ask your questions on the forum link.

Debt Collection Agencies
 
#6
Wrong, dingerr - she admitted she acted fraudulently in Court and has been punished accordingly which she accepts. However, the Council are now going back on the agreement made....that's what the posting is about, not that she scammed over the system
 
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#7
Wrong, dingerr - she admitted she acted fraudulently in Court and has been punished accordingly which she accepts. However, the Council are now going back on the agreement made....that's what the posting is about, not that she fucked over the system
Oh that’s ok then, because she admitted it.

She was still unjustly enriched and now wants an easy time of it. Can you even be sure of what she s saying? She’s hardly known for her honesty.

I am in a position to help you, but I won’t, she’s a **** and you’re a **** for condoning it.
 
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#8
Have you thought about asking someone who might actually have some real knowledge on the matter (like .... erm a lawyer....) rather than the perhaps/perhaps not knowledgeable place that is Arrse? Any advice given on an open forum on here should probably be taken with a pinch of salt, and certainly not be relied upon . You may be better off cutting out and assembling some random words from the Mail, Express (and if any ex orifices reply) the Telegraph. Would probably make as much sense.

There are people on here with an good knowledge of the law (and I am learning via the OU but would not be in a position to advise), but one thing I have learnt when asked for advice is the best advice to give is to professionally engage a lawyer, and if you can't afford that to engage the services of Citizen's advice etc.
 
#9
I don't know what your problem is, dingerr, I'm not condoning what she's done - tbh I think she's been a twat too, but neither is she trying to shaft the system, she readily admitted she was guilty as soon as challenged

As previously stated, she was in an agreement with the Council and now they want to up the amount - is that possible?

And if we take out the fact that she conducted herself fraudulently, recognised that fact AND was sentenced is not relevant to the question.......the question is can the Council up a repayment above that amount agreed?
 
#10
This is quite a convoluted tale, so please bear with me.......it concerns a relative of mine.

About 3 years ago my relatives husband died and shortly after his death she was subject to an interview with Pension Credit. They (Pension Credit) had found some anomalies in her case regarding benefits claimed previously when her husband was alive. She (stupidly) said the claims were above board, which they weren't - for years he'd been cheating the system with false claims which were counter-signed by my relative under threat.

She was taken to Court and found guilty of Council Tax fraud, Housing Benefit fraud and Pension Credit fraud - all of which she admitted but due to the extenuating circumstances (threats, etc by her husband) she was dealt fairly leniently by the Court. Total outstanding just short of £24,000. She was bound over for 1 year and it was agreed in Court that she would pay the outstanding monies back to Council and Pension Credit on a weekly basis, which she has been doing.

Come the new financial year and the Council have insisted that she pay more - she has provided them with an income/expenditure form showing that she is unable to pay any more than had previously agreed.

Today she contacted them and was told that because she hasn't kept to the agreement (she has been paying the agreed amount on a weekly basis) they will take her to Court again. When she challenged this statement the Council advisor apologised and said the amount is still large and not coming down quick enough - even thought the rate was agreed in Court. If the Council do take her to Court again it will cost a further £75 costs (which will be added to the outstanding amount and plunge her further into debt).

My question is, if she attends Court and pleads her case (that the amount initially set by the Court was accepted by the Council) is there a possibility of scrubbing the CCJ and the status quo be retained?

Help!! Any experts out there.......

Dave
If she's been paying a court agreed amount back and can obviously prove it, I would be amazed if a CCJ is issued.
 
#11
I don't know what your problem is, dingerr, I'm not condoning what she's done - tbh I think she's been a twat too, but neither is she trying to shaft the system, she readily admitted she was guilty as soon as challenged

As previously stated, she was in an agreement with the Council and now they want to up the amount - is that possible?

And if we take out the fact that she conducted herself fraudulently, recognised that fact AND was sentenced is not relevant to the question.......the question is can the Council up a repayment above that amount agreed?

As I said if she has a CCJ against her the council cannot increase the amount without going to court. If the original CCJ took into account her financial situation it's unlikely that the court will increase the amount she has to pay. The council is trying it on. Click on the link in my previous post or read your inbox and go and ask on the forum it links to. This is the best advice you will get on here.
 
#12
If she's been paying a court agreed amount back and can obviously prove it, I would be amazed if a CCJ is issued.
According to the OP she already has a CCJ.

"My question is, if she attends Court and pleads her case (that the amount initially set by the Court was accepted by the Council) is there a possibility of scrubbing the CCJ and the status quo be retained? "
 
#13
Agreed on Consumer Action group.
 
#14
Today she contacted them and was told that because she hasn't kept to the agreement (she has been paying the agreed amount on a weekly basis) they will take her to Court again.
Is this the truth or the truth according to your relative which omits several important details?

When she challenged this statement the Council advisor apologised and said the amount is still large and not coming down quick enough - even thought the rate was agreed in Court. If the Council do take her to Court again it will cost a further £75 costs (which will be added to the outstanding amount and plunge her further into debt).

My question is, if she attends Court and pleads her case (that the amount initially set by the Court was accepted by the Council) is there a possibility of scrubbing the CCJ and the status quo be retained?
Do you have access to legal advice? If not the Citizens Advice Bureau will be your best bet.
If the Council agreed to the payment plan and have now decided that they want to increase it then they must have a decent argument as to why they think they can do this.

However, before you go as far as court, request a meeting with the Council, speak to a supervisor and get it all out in the open then ask for a way forward for both parties. If they still take you to court then you've tried to resolve it at local level.
 
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Sixty

ADC
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#16
Word to the (un)wise; this is still in the Serious Bit and bypassing the swear filter will attract sanctions once I have access to a computer and not my ‘phone.
 
#17
Go back to her and tell her to stop lying to you regarding the payment issue.

The stinking wretch probably isn’t paying what she is meant to.
 
#18
Word to the (un)wise; this is still in the Serious Bit and bypassing the swear filter will attract sanctions once I have access to a computer and not my ‘phone.
Sorry, missed that, I’ve begrudgingly amended my posts.
 
#19
This is quite a convoluted tale, so please bear with me.......it concerns a relative of mine.

About 3 years ago my relatives husband died and shortly after his death she was subject to an interview with Pension Credit. They (Pension Credit) had found some anomalies in her case regarding benefits claimed previously when her husband was alive. She (stupidly) said the claims were above board, which they weren't - for years he'd been cheating the system with false claims which were counter-signed by my relative under threat.

She was taken to Court and found guilty of Council Tax fraud, Housing Benefit fraud and Pension Credit fraud - all of which she admitted but due to the extenuating circumstances (threats, etc by her husband) she was dealt fairly leniently by the Court. Total outstanding just short of £24,000. She was bound over for 1 year and it was agreed in Court that she would pay the outstanding monies back to Council and Pension Credit on a weekly basis, which she has been doing.

Come the new financial year and the Council have insisted that she pay more - she has provided them with an income/expenditure form showing that she is unable to pay any more than had previously agreed.

Today she contacted them and was told that because she hasn't kept to the agreement (she has been paying the agreed amount on a weekly basis) they will take her to Court again. When she challenged this statement the Council advisor apologised and said the amount is still large and not coming down quick enough - even thought the rate was agreed in Court. If the Council do take her to Court again it will cost a further £75 costs (which will be added to the outstanding amount and plunge her further into debt).

My question is, if she attends Court and pleads her case (that the amount initially set by the Court was accepted by the Council) is there a possibility of scrubbing the CCJ and the status quo be retained?

Help!! Any experts out there.......

Dave
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