Insolvency
The Council can serve a Statutory demand as a prelude to personal bankruptcy if you do not pay your Council Tax if you owe in excess of £750.00.
Please note currently Insolvency proceedings are carried out by Solicitors acting on behalf of the Council’s Bailiff Ross & Roberts Ltd so any initial query should be direct to them on 0870 167 0707.
These proceedings commence with the Council serving a Statutory Demand on you.
WARNING:
- This is an important document. You should refer to the notes below entitled "How to comply with at statutory demand or have it set aside"
- If you wish to have this demand set aside you must make application to do so within 18 days from its service to you
- If you do not apply to set aside within 18 days or otherwise deal with this Demand as set out below within 21 days after its service on you, you could be made bankrupt and your property and goods taken away from you.
- Please read the demand and notes carefully. If you are in any doubt about your position you should seek advice immediately from a solicitor or the Citizen Advice Bureau.
HOW TO COMPLY with a Statutory Demand or have it set aside (ACT WITHIN 18 DAYS)
If you wish to avoid a bankruptcy petition being presented against you, you must pay the debt, particulars of which are set in the Statutory Demand, within the period of 21 days after its service upon you. Alternatively, you can attempt to come to a settlement with the creditor. To do this you should:
- Inform the individual (or one of the individuals) named in part B of the Statutory Demand immediately that you are willing and able to offer security for the debt to the creditor's satisfaction; or
- Inform the individual (or one of the individuals) named in part B of the Statutory Demand immediately that you are willing and able to compound for the debt of the creditors satisfaction.
If you dispute the demand in whole or in part you should:
- Contact the individual (or one of the individuals) named in part B of the Statutory Demand immediately.
If you consider that you have grounds to have this demand set aside, or if you do not quickly receive a satisfactory written reply from the individual named in part B of the Statutory Demand whom you have contacted, you should apply within 18 days, from the date of service of this demand on you, to the appropriate court shown in part A of the Statutory Demand to have the demand set aside.
Any application to have the demand set aside (Form 6.4 in Schedule 4 to the Insolvency Rules 1986) should be made within 18 days of the date of service upon you and supported by an affidavit (Form 6.5 in Schedule 4 to those Rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application.
Remember: From the date of service on you of this document
- You have only 18 days to apply to the court to have the demand set aside, and
- You have only 21 days before the creditor may present a bankruptcy petition
If you are in arrears with your Council Tax and wish to discuss payments or the action being taken against you, please contact us as soon as possible.
Contact Us
Revenues
West Somerset House
Killick Way
Williton
Taunton
Somerset
TA4 4QA
Telephone: 01643 703704
Email: revenues@westsomerset.gov.uk