Speak to a BAILIFF Expert - £35

Council Tax arrears. Petition the council to exercise discretionary write off.

Section 13(a) of the Local Government Finance Act 1992 states;

 

13ABilling authority’s power to reduce amount of tax payable

(1)Where a person is liable to pay council tax in respect of any chargeable dwelling and any day, the billing authority for the area in which the dwelling is situated may reduce the amount which he is liable to pay as respects the dwelling and the day to such extent as it thinks fit.

(2)The power under subsection (1) above includes power to reduce an amount to nil.

(3)The power under subsection (1) may be exercised in relation to particular cases or by determining a class of case in which liability is to be reduced to an extent provided by the determination

 

You stand to lose only your outstanding council tax arrears!

 

 

Different councils may have distinct protocols regarding the exercise of discretion to decrease or eliminate a liability. Therefore, it is essential to present compelling and persuasive reasons demonstrating that the ongoing enforcement of the liability is not advantageous for either the council or the taxpayer.

 

 

Example grounds:

The liability is in all probability will never be paid

Enforcing the liability results in damages against the authority or council

Enforcing the liability may result in harm to the taxpayer. (Have your doctor complete a MALG evidence form)

The taxpayer cannot be traced, emigrated or has died

There has been a mishandling of council tax benefit

Enforcement of the liability is not conducive to public good

The liability forces your income below the government poverty threshold.

 

 

You have the option to correspond with both the council and your local councillor, presenting your reasons why your liability should be reduced or forgiven (cancelled).

However, it is important to acknowledge that taxpayers do not possess an inherent entitlement to have their liability reduced or forgiven. Such decisions rest within the discretion of the council.

It is advisable to reach out to your local councillor, as they typically participate in council decisions or have the ability to initiate a petition for the forgiveness of a council tax liability.

The primary objective is to convincingly present your case to your councillor, advocating for the forgiveness of the debt. Articulate your circumstances, emphasising the detrimental impact of continued enforcement action, whether it be severe financial hardship, mental health concerns, or the impracticality of repaying the debt in its entirety.

 

Plead your case to the council to write off your council tax arrears.