Council Tax - Court Summons

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  • MrOnions
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    "What period are you being billed for"
    the present financial year
    " and what period were you resident ?"
    last financial year
  • CIS
    CIS Posts: 12,260 Forumite
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    Have you actually given the council tax department the evidence that you have left and proof of your new occupancy ?

    By not doing so all you are doing is causing yourself extra hassle.
    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.
  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
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    The first step to a "Stalinist" state?

    I don't think so. The issuing of a LO is what I tend to describe as a 'technical' judgement rather than a matter of legal argument.

    Essentially all the magistrate is interested in is whether or not the debt exists or not. They 'why' of peoples reasons for none-payment are not really relevant.

    People get their 'day in court' if and when the debt is returned to the court.
    If you don't stand for something, you'll fall for anything
  • evanreilly37
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    I had a look, but couldn't find the answer to this in this thread -

    My girlfriend and I received a final notice as we'd paid our council tax late, requesting we pay the whole amount off and that we'd lost our right to pay by installments.

    We're going to pay it all off on Tuesday morning, but if we've lost the right, does that mean for all Council Tax in future or is it just talking about this financial year's?

    Going to ask them on the phone tomorrow, but to save a day spent worrying, thought I'd ask here. Cheers.
  • CIS
    CIS Posts: 12,260 Forumite
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    We're going to pay it all off on Tuesday morning, but if we've lost the right, does that mean for all Council Tax in future or is it just talking about this financial year's?

    Just for this year.
    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.
  • evanreilly37
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    Thanks - I was hoping that'd be the case. Direct Debits all the way next year.
  • b.cherish
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    Hi everyone. Can anyone advise me? I received a letter saying I owed some money I had just been made redundant while on maternity leave meaning they put me on benefits until I was able to sort out my situation. I contacted them explaining my situation and agreed to have my income reduced to clear my bill. I later received a bill with £125 added for court summons! I checked and the money had been being paid but now they wanted more. I had no choice but to pay, but have written to council tax with all evidence that I had dealt with the issue and no more contact was made before the summons so want my £125 back. If they refuse what can I do next? I tried everything and believed everything was sorted it feels like they are trying to bleed me dry unjustifiably. I am at my wits end!!!! was starting my own business but they have taken every last penny I have so have no idea how I can fix my life:mad:
  • lincroft1710
    lincroft1710 Posts: 17,660 Forumite
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    edited 13 February 2012 at 4:21PM
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    b.cherish - sorry to be critical but unfortunately your post is confusing. So that we can help you we need a bit more info.


    Could you please give us some more details, how much did you owe to the council for CT? Was this because you underpaid or failed to pay CT or is this an old debt being chased?

    Who put you on benefits? Who reduced your income, why and by how much?

    If a court summons was issued, the council has the legal right to charge for this as it costs them money. Was a summons definitely issued?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Mr_Meggo
    Mr_Meggo Posts: 16 Forumite
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    edited 21 February 2012 at 8:15AM
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    Hope someone can offer a view. My 2011/2012 council tax bill was £1161.25. I paid £120 in April, May, June and July all on time. I then paid £660 on 2 August well in advance of when it was due leaving a balance of £21.25. To be honest I completely forgot about this until I received a Reminder Notice dated 30/1/2012 for the £21.25 demanding payment by 13/02/2012. I have not received any notices prior to this. I paid the £21.25 on 15/02/2012 and yesterday received a summons dated 16/2/2012 for £21.25 plus £70 charges. It states that I have received the summons because I have not 'paid your Council Tax exactly in line with your instalment plan.' But technically I haven't kept to the instalment plan since August last year when I paid most of the bill. I intend to make a polite call to the Council to discuss it and ask for the summons and charges to be cancelled. What do yout think the chances are? Can I argue unreasonablness on the part of the Council in view of: most of bill paid well inadvance, amount overdue, only one reminder received, paid the £21.25 balance (ok a couple of days late)?
  • CIS
    CIS Posts: 12,260 Forumite
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    I received a Reminder Notice dated 30/1/2012 for the £21.25 demanding payment by 13/02/2012. I have not received any notices prior to this.

    The reminder is the next notice you receive after an initial demand - the function of the reminder is to warn you that you have not paid correctly and that a summons will be issued if its not conformed with.
    But technically I haven't kept to the instalment plan since August last year when I paid most of the bill.

    Which was your choice - technically the moment you went off paying the correct instalment plan they could have summonsed you but common sense meant they just offset the payments against your instalments until you reached the point where the council tax due exceeded the payments made to date and you went behind in your payments.
    Can I argue unreasonablness on the part of the Council in view of: most of bill paid well inadvance, amount overdue, only one reminder received, paid the £21.25 balance (ok a couple of days late)?

    You have no argument against the issue of the summons and they can proceed to court for the £70.00 costs that are left.
    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.
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