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Council Tax Summons Fee Unfair
enigma368
Posts: 141 Forumite
in Cutting tax
I moved into a house in September 2009, with 5 other sharers, 2 of whom are students.
We received a payment schedule for council tax in October. As the two students were on the bill we contacted the council up to say they were students and waited to receive an updated bill.
We did not receive anything until a couple of months later, when a reminder was sent for the amount owed. This reminder was dated 16th of December and contained a request to pay what was owed within 14 days or face recovery procedures. As we were all home for Christmas in Ireland(we are all Irish), we did not see this reminder until we arrived back in London on the 4th of January. We rang the council on January 4th to query the lack of a discount for the students and they explained that we did not qualify for one. The person at the council explained why and said he would re-issue a bill, which he did the next day, January 5th. We were satisfied with this and paid what was owed within 14 days of this re-issued bill.
However, a few days later, we received a summons for the full amount due for the year to be paid in one lump sum together with a £72.50 summons fee.
We have appealed this summons fee and have been denied with the reason given, that even though the bill was re-issued on 5th of January 2010, we were told on the phone on 4th of January to pay what was owed immediately. This is simply not true and the person did not tell us this, otherwise we would have paid it. Furthermore, if he had said this, why did they re-issue the bill the next day.
We have no problem paying any council tax owed and we accept that we were slow in sorting out paying it, but we feel it is very unfair for the summons fee to be applied given that:
a) A reminder was sent out on 16th of December requiring action within 14 days. This is mean timing on their behalf.
b) When we contacted the council on 4th January, we are NOT told we need to pay the owed amount immediately and are instead told to expect a re-issued bill. We wait for this re-issued bill and do then pay what is owed in full, and yet we still receive a summons.
Bottom line: Do we have a leg to stand on? The summons fee is not massive but on principal we are quite annoyed.
Any advice appreciated!!
We received a payment schedule for council tax in October. As the two students were on the bill we contacted the council up to say they were students and waited to receive an updated bill.
We did not receive anything until a couple of months later, when a reminder was sent for the amount owed. This reminder was dated 16th of December and contained a request to pay what was owed within 14 days or face recovery procedures. As we were all home for Christmas in Ireland(we are all Irish), we did not see this reminder until we arrived back in London on the 4th of January. We rang the council on January 4th to query the lack of a discount for the students and they explained that we did not qualify for one. The person at the council explained why and said he would re-issue a bill, which he did the next day, January 5th. We were satisfied with this and paid what was owed within 14 days of this re-issued bill.
However, a few days later, we received a summons for the full amount due for the year to be paid in one lump sum together with a £72.50 summons fee.
We have appealed this summons fee and have been denied with the reason given, that even though the bill was re-issued on 5th of January 2010, we were told on the phone on 4th of January to pay what was owed immediately. This is simply not true and the person did not tell us this, otherwise we would have paid it. Furthermore, if he had said this, why did they re-issue the bill the next day.
We have no problem paying any council tax owed and we accept that we were slow in sorting out paying it, but we feel it is very unfair for the summons fee to be applied given that:
a) A reminder was sent out on 16th of December requiring action within 14 days. This is mean timing on their behalf.
b) When we contacted the council on 4th January, we are NOT told we need to pay the owed amount immediately and are instead told to expect a re-issued bill. We wait for this re-issued bill and do then pay what is owed in full, and yet we still receive a summons.
Bottom line: Do we have a leg to stand on? The summons fee is not massive but on principal we are quite annoyed.
Any advice appreciated!!
0
Comments
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Do we have a leg to stand on?
No. The letter dated 16 Dec said if not paid within 14 days you would face recovery procedures. You didn't pay so they issued summons to recover the money which costs the council money so the cost is added to your debt.
It was unfortunate that you were out of country when letter arrived but that's not the council's fault.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
a) A reminder was sent out on 16th of December requiring action within 14 days. This is mean timing on their behalf.
Unfortunately the law doesn't look at whether it was mean or not. 14 days is all that is required in law.b) When we contacted the council on 4th January, we are NOT told we need to pay the owed amount immediately and are instead told to expect a re-issued bill. We wait for this re-issued bill and do then pay what is owed in full, and yet we still receive a summons.
You need to ask them to check the telephone call recordings- almost all councils will keep recordings if they go via a call centre or contact centre.The person at the council explained why and said he would re-issue a bill, which he did the next day, January 5th. We were satisfied with this and paid what was owed within 14 days of this re-issued bill.
The problem is that most Council Tax systems will either let you issue a 'copy bill' showing a summary of the account or withdraw the reminder/summons and then re-bill. It sounds like tehy have just issued a 'copy bill'.However, a few days later, we received a summons for the full amount due for the year to be paid in one lump sum together with a £72.50 summons fee.
Strictly speaking your summons was issued correctly as your liable for the outstanding balance however in these sort of cases I have often withdrawn summonses. You need to try and speak someone higher up if you not getting anywhere - aks for the senior or principal officer.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 -
however in these sort of cases I have often withdrawn summonses.
CIS you're too generous! Many councils would just take a hard line.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
CIS you're too generous! Many councils would just take a hard line.
Depends if I'm in a good mood or not .....
TBH I'm generally quite harsh but if I come across cases where other people haven't done their jobs correctly then I have been known to pull summonses - sometimes its the better alternative then taking recovery action and having to force payment.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 -
CIS, thanks for the response.
Can you advise me what would happen if we just paid the council tax and refused to pay the summons fee. Would we be obligated to go to court?
I will try and talk to someone higher up. Do I have a right to ask to listen to the phone call on January 4th? They refused our appeal based on their claim that they told us on the phone to pay immediately but there is no way we would have not done so if we were told to do this.
Legally they might be it he right but the way this has come about is unfair. They send us a bill, we send them a letter stating that two of us are students, we hear nothing back for two months and then get a sudden reminder with a 14 day requirement to pay when the 14 days are over the Christmas and New Year period and we are not home. Then we phone them and they fail to tell us we need to pay immediately, they send us a new copy of the bill which we pay promptly and they sitll issue a summons.
I mean its £12 each when divided by six, but on principal I don't like being bullied, even if they stay within the law.0 -
No one is obliged to attend - the liability order will be granted in your absence. You cant successfully defend the liability order if the bills etc have been issued correctly in law and you are the person actually liable for the council tax. The magistrate would have no choice but to grant it.Can you advise me what would happen if we just paid the council tax and refused to pay the summons fee. Would we be obligated to go to court?
The law allows the granting of a liability order to recover any costs.
The problem lies in that fact that although two out of 6 occupiers are students this would not alter the charge due.Legally they might be it he right but the way this has come about is unfair. They send us a bill, we send them a letter stating that two of us are students, we hear nothing back for two monthsI 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 -
The problem lies in that fact that although two out of 6 occupiers are students this would not alter the charge due.
I udnderstand that now alright. They could have sent us an updated bill with their names removed though.
So bottom line, if I decide to fight this and try to speak to someone more senior etc. what are my chances of getting the summons fee pulled? Am I just going to be wasting my breath?0 -
No - they are as liable for the tax as the rest of the occupants
I don't think that is correct. Their names were removed from the reminder, but were on the original bill. Plus they didnt receive the summons, while the rest of us did.0 -
No - they are as liable for the tax as the rest of the occupants
As students living with non students they are not liable.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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