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What does this Council Tax bill wording mean
kissmeimposh
Posts: 108 Forumite
in Cutting tax
A neighbour showed me their council tax bill which has the standard amount for this fiscal year and a second amount which at the lower part of the bill says is "subject to to court proceedings".
They actually have an appeal pending before the valuation tribunal, but the payments have been determined as if the total amount (both amounts) are due, as though they have lost the tribunal hearing although it hasn't yet taken place.
What does 'subject to court proceedings mean'?
If an amount has yet to be determined by the Tribunal, does this have to be paid up front?
They actually have an appeal pending before the valuation tribunal, but the payments have been determined as if the total amount (both amounts) are due, as though they have lost the tribunal hearing although it hasn't yet taken place.
What does 'subject to court proceedings mean'?
If an amount has yet to be determined by the Tribunal, does this have to be paid up front?
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It means that the person has not kept up with the requested payments and a court summons either has been issued or will soon be issued regarding the debt.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
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Thanks CIS. That helps but answers only one of my two questions.
What if the resident has been to Magistrates Court and the Magistrate accepted that there were issues and anomolies that needed to be worked out which were beyond the scope of his court and as such the Council gave an undertaking that the liability order will not be enforced until after the valuation tribunal rules on the matter? In that case can they insist that the resident incorporate the disputed amount into the monthly payments?0 -
The council can apply for an L/O and then hold any further action - we often do it in my dept so that if the problem is sorted it can be withdrawn, if the problem is not then the L/O can be enforced if needed.
At the L/O hearing there are only a few valid defences that the magistrate can actually rule on - a VO tribunal is not a valid defence against the L/O being granted and enforced therefore any agreement the court gave the magistrate would most likley not be legally binding however they should ensure that they do keep their end of the agreement.
You need to contact the council ASAP and ask them about the bill and whats happening with it.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 -
...any agreement the court gave the magistrate would most likley not be legally binding however they should ensure that they do keep their end of the agreement.
Thanks. Presumably an undertaking by the council which was entered on the court record and requested by the judge even if not enforceable could if breached be a) deemed contempt of court which is a severe offence; and b) be seen as an act of maladministration.0 -
Magistrates (it's not a Judge) either grant an order - or deny it. They don't hedge their bets and make it conditional.
Whilst the Bench may have expressed some empathy with your neighbour's 'defence' ....... it appears, from what you say, that they made an Order regardless. Had the defence impressed them totally - they would have denied the Order and invited the Council to re-submit it at a later date if matters weren't resolved?If you want to test the depth of the water .........don't use both feet !0 -
What's the Tribunal regarding? Liability or Valuation?0
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If a person disputes that they are the person that should be billed then a tribunal can be called to settle the dispute.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
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kissmeimposh wrote: »Liability. Why?
I was thinking you'd have a much better defence at the magistrates court if you're refusing to pay on the grounds you don't owe anything than if you're simply disputing the valuation.0 -
The L/P cannot argue the liability on the basis of potentially owing nothing- liability and the amount of council tax owed are two different things.I was thinking you'd have a much better defence at the magistrates court if you're refusing to pay on the grounds you don't owe anything than if you're simply disputing the valuation.
The V/O tribunal cannot yet be considered (they may not find in your favour) on the basis of the value requested on the L/O.
The L/P admits their name should be on the bill therefore they pass the question of liability.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
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