Council Tax - Court Summons
JCR
Posts: 161 Forumite
in Cutting tax
Hi all - through a slight oversight we missed paying our November and December council tax bills. When we realised this we paid the November one in January and are paying the December one this month. However, yesterday we received a Court Summons for £175 - £140 one month council tax and £35 court fees. I haven't heard of people being summons to court over one month in arrears before. We usually pay on time etc. but this does not seem to have been taken into account and we are being given no leeway whatsoever. I have written to them explaining the situation but am not holding out much hope.
If the £140 o/s balance is paid - presumably they will still chase us for court fees even though the date is 18th March and so therefore can be cancelled.
Anyone been through this over one month's arrears before?
If the £140 o/s balance is paid - presumably they will still chase us for court fees even though the date is 18th March and so therefore can be cancelled.
Anyone been through this over one month's arrears before?
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Comments
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Did the council not even write to you first, pointing out the arrears, before going to court?Conjugating the verb 'to be":
-o I am humble -o You are attention seeking -o She is Nadine Dorries0 -
Hi all - through a slight oversight we missed paying our November and December council tax bills. When we realised this we paid the November one in January and are paying the December one this month. However, yesterday we received a Court Summons for £175 - £140 one month council tax and £35 court fees. I haven't heard of people being summons to court over one month in arrears before. We usually pay on time etc. but this does not seem to have been taken into account and we are being given no leeway whatsoever. I have written to them explaining the situation but am not holding out much hope.
If the £140 o/s balance is paid - presumably they will still chase us for court fees even though the date is 18th March and so therefore can be cancelled.
Anyone been through this over one month's arrears before?
from what you have written, it would appear that the council is acting correctly, though you may not appreciate their actions. When you didn't pay in November, the Council should and will have sent you a reminder notice. The reminder would have stipulated that you needed to bring your account up to date within 14 days or you would lose your right to pay by installments and a court summons may be issued. As this payment was not made in either November or December then the right to instalments would have been removed, hence paying in January would have been too late.
As its February 28th now and the bill should have been paid in full by 1st January 2008 I can't see any Authority backing down and bear in mind that paying the balance minus the costs will be of no help to you. Most authorities take the costs first so the balance of unpaid summons costs will be treated as unpaid council tax. Pay the bill, plus summons costs and then appeal to the authority. it will prevent you incurring liability order costs as well.it's not the council's fault your band is wrong, blame the Valuation Office !!!!! :rolleyes:0 -
As above the reason they have done this for £1 months arrears is that the council tax is split into 10 payments with the last one being due on the 1st of Jan they are just tidying up last years books.
In my experience of dealing with the council tax, whatever you arrange or pay now they will still get a liability order for anything outstanding on the court date, even the £35 costs , because as Hodgester says any monies paid go first against costs leaving any outstanding amounts as liable Council Tax(they do this so they can continue to enforce summonses and orders when partial payments are mad). believe me this is a hard one to fight, the council tax laws were written by the government to protect the government.
They will instruct the bailiffs even if the liability order is only for £35 plus costs.
For the last 2 months I have been fighting bailiffs costs(only £42.50) for a sum of council tax, which I disputed starting a year ago, the council have since ruled in my favour, but I have just found out that the bailiffs cost are still enforcible under the same liability order even though there is no liability.
I shouldn't have withheld council tax whilst in dispute and as the appeal ruling was made after the bailiffs visits and the liability order, the liabilty order is totally enforcible still.
It really makes me seething mad but as I said the council tax laws are watertight and I doubt the council tax ever operate outside of them.
Just out of interest though I am not going to pay the bailiffs, to see what happens I owe no council tax as it has all been refunded to me and my account balance is zero, so the amount I had paid should in theory have been set against the bailiffs fees first.
Will be interesting to see what they do , their reps are paid on commission, so can't see any of them wanting to chase me as legally they can't make any further charges against me.0 -
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Hi There
I have had the same problem and you CAN get the Council to back down on certain charges.
I sent email after email requesting all information they had on the account, then contested the court charges/baliffs fees/administration fees stating that these were unfair and unreasonable.
I was also 30 weeks pregnant so used that as a stress point to them, so i recommend you play the hardship card with them, emphasise on how you did not intentionally avoid any debt and that you feel like you are being dealt with unfairly and that it is causing you lots of stress etc etc.
The emails will bounce backwards and forwards, they will say tough luck to start with, but dont give up as after approximately 3 months the Council i was dealing with cancelled all administration charges, court costs and baliff letter fees and helped me arrange a suitable repayment plan with them.
I have dealt with councils before for various issues, and have had very good advice from Citizens Advice Bureauxs and google on the law, my rights etc. It is tough fighting Councils, they are greedy and wont back down easy.
Become a pain in thier backsides, throw lots of data protection and law acts at them and use the word 'mal administration' alot, they dont like it as it is all Councils top reason for complaints.
Always email, never ring as at least then you have correspondance should a Bailiff etc turn up on the door and this buys you time and shows Courts that you are trying to resolve it amicably and it just makes the Councils look un helpful.
I hope this helps......0 -
malenka-81 wrote: »Hi There
I have had the same problem and you CAN get the Council to back down on certain charges.
I sent email after email requesting all information they had on the account, then contested the court charges/baliffs fees/administration fees stating that these were unfair and unreasonable.
I was also 30 weeks pregnant so used that as a stress point to them, so i recommend you play the hardship card with them, emphasise on how you did not intentionally avoid any debt and that you feel like you are being dealt with unfairly and that it is causing you lots of stress etc etc.
The emails will bounce backwards and forwards, they will say tough luck to start with, but dont give up as after approximately 3 months the Council i was dealing with cancelled all administration charges, court costs and baliff letter fees and helped me arrange a suitable repayment plan with them.
I have dealt with councils before for various issues, and have had very good advice from Citizens Advice Bureauxs and google on the law, my rights etc. It is tough fighting Councils, they are greedy and wont back down easy.
Become a pain in thier backsides, throw lots of data protection and law acts at them and use the word 'mal administration' alot, they dont like it as it is all Councils top reason for complaints.
Always email, never ring as at least then you have correspondance should a Bailiff etc turn up on the door and this buys you time and shows Courts that you are trying to resolve it amicably and it just makes the Councils look un helpful.
I hope this helps......
you can try that tac but you leave yourself open for future bills of giving yourself no lee-way. Say you write to me, as a council tax manager stating maladministration and fees are unfair and unreasonable. I would ask you to confirm evidence of maladministration. Your argument would appear confused as you state that the council had made a mistake, but you're pregnant and you didn't deliberately avoid paying. As the instalments on the bill are clearly listed, I'd have to question at that point who was guilty of the error. Though I must admit that if you know a portion of the LGFA 1992, and its subsequent amendments, case law etc that protects the rights of late or non-payer at a Liability Order hearing, I'll happily throw my IRRV qualification in the bin and hire you as a consultant tomorrow ;-)
Browbeating council offers and tying up short-staffed offices with repeated e-mails and paperwork may get you what you want in the first instance, but most councils are now getting far more clued up and strict with vexatious customers and they'll be sure that the next time there's a 'slip up' you won't get away with it. Councils are now far more likely to request proof of payment at the due date before withdrawing reminders/summonses/costs, rather than just rolling over.
Oh and if a bailiff turns up at your door for Council Tax non-payment then I'm sorry but unless it's erroneous, you deserve it. If you filled in your paperwork and made a positive arrangement with the council it won't happen. And the Court have granted the Liability Order so if bailiffs turn up at your doorstep then the Courts are no help to you.it's not the council's fault your band is wrong, blame the Valuation Office !!!!! :rolleyes:0 -
hope you have it all sorted out now...
I pay by Direct debit once a month over 10 months
that way it goes out the bank and I know its been paid and don't forget about it...
the council can be very funny sometimes they can leave it to long and then people owe them thousands and don't know it or they can pick on someone who has never done anything like this before...its a lottery with them...I would pay by DD it works and its one less hassle...
Plans for 2009
1/ Get fit. 2/ Get my figure back. 3/ Get the MAN BACK! :kisses2::happylove
contrary to popular belief, I am all Woman.0 -
Hiya everyone, I have been looking at MSE.com for a while and just not posted.
This morning husband and I have received a summons each with a court date as we haven't paid this years council tax (they aren't open until Monday to discuss either) and we owe £1005 pound inc charges, I have sent off yesterday a DD mandate to pay the bill, but now have to go to court in July. I am so stressed and want to cry, hubby isn't stressing and I feel so helpless, we can pay the full amount by the end of the tax year, we have just been really skint with hubby's debts and sorting them out first. We can't pay the full amount before court. I haven't been to court before and am really worried. Going to ring them on Monday, but I know they will say that it's because we didn't catch up as promised. Can anyone advise who has been through this stress.
Ellie x0 -
You don't need to attend court, the court order will be issued in your absence.
The majority of people don't bother with the court - out of 2000+ summons we get probably 30 people at court for us to see . Most people who make arrangements do so by post or telephone.
If you attend court you will be able to meet a council officer face to face or ask to see the magistrate where you can dispute your liability to the Council Tax only - the magistrate cannot rule on payment arrangements etc.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
You don't need to attend court, the court order will be issued in your absence.
The majority of people don't bother with the court - out of 2000+ summons we get probably 30 people at court for us to see . Most people who make arrangements do so by post or telephone.
If you attend court you will be able to meet a council officer face to face or ask to see the magistrate where you can dispute your liability to the Council Tax only - the magistrate cannot rule on payment arrangements etc.
Thanks for that, does going to court mean that it would/wouldn't be like a tv courtroom scene? It says if we believe that we have a valid reason (debt & struggling-does that count) that we don't have to attend. What do you think I should say when I ring up on Monday? Sorry for being a pain...I am stressed!!0
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