Summons to appear in court for owing £2.89 in council tax

blackgothic
blackgothic Posts: 1,036 Forumite
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in Debt-free wannabe
Received a summons to appear before South Staffordshire Magistrates Court on the 25/10/2016 for non payment of council tax. I pay by debit card each month and on two occasions paid a month in advance and up until this month i was actually £1.11 in credit but when i came to pay this month i looked at last years bill and accidentely paid £85 instead of £89 so taking into consideration the £1.11 i was already in credit i owed the council £2.89 . So now i have a court appearance or pay a £90 in costs and liabiity order will be made in my absence.
Any advice appreciated
A little grunt a little squeeze and out it comes like lemon cheese
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Comments

  • Robin9
    Robin9 Posts: 12,090 Forumite
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    Pay the £2.89 by Debit Card. NOW.

    There is something more here that what you are telling us. There is no way the Council would take you to court for owing £2.89 for a few weeks.

    Why don't you pay by DD over 10 months ?
    Never pay on an estimated bill
  • blackgothic
    blackgothic Posts: 1,036 Forumite
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    edited 30 September 2016 at 6:52AM
    Robin9 wrote: »
    Pay the £2.89 by Debit Card. NOW.

    There is something more here that what you are telling us. There is no way the Council would take you to court for owing £2.89 for a few weeks.

    Why don't you pay by DD over 10 months ?

    I will more than likely pay by DD from now on.

    CT £86.89 for april thereafter £89 so total £887.89 for year

    Payments made by me £175 in april , 180.00 in june, 89.00 in aug , 85.00 in sept
    A little grunt a little squeeze and out it comes like lemon cheese
  • blackgothic
    blackgothic Posts: 1,036 Forumite
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    magistrate22.jpgupload an image
    A little grunt a little squeeze and out it comes like lemon cheese
  • CIS
    CIS Posts: 12,260 Forumite
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    You were behind on the instalment amount and hadn't paid in full what was on the reminder notice. Where an amount shown on a reminder is not paid within 7 days or the full outstanding balance within a futher 7 days then a court summons will be issued.

    At the point you fail to pay the amount on the reminder within the 7 days you were no longer £2.89 in arrears you were £358.89 in arrears. The summons is issued for not paying the £358.89, not the £2.89. Note that you also owe the costs at this point on top of the council tax charge.

    Short of asking the local authority nicely if they'll give you the benefit of the doubt over the initial shortfall and withdraw the summons then there's nothing you can do, other than pay the balance in full, to stop the liability order being issued.

    Craig
    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.
  • Robin9
    Robin9 Posts: 12,090 Forumite
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    I think what has happened becomes clearer.

    Did you choose to make payments as and when you saw fit to pay the £887.89 due for the year ?

    Unless you set up a DD via the Council your years rates are immediately due when they are sent to you in March/April. Then you would have been given some options.

    What happened in previous years ?
    Never pay on an estimated bill
  • CIS
    CIS Posts: 12,260 Forumite
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    edited 30 September 2016 at 9:41AM
    Robin9 wrote: »
    I think what has happened becomes clearer.

    Did you choose to make payments as and when you saw fit to pay the £887.89 due for the year ?

    Unless you set up a DD via the Council your years rates are immediately due when they are sent to you in March/April. Then you would have been given some options.

    What happened in previous years ?

    A quick comment on above - you will be given the right to pay by instalments whether you choose DD or not. Although council tax is technically due on 01 April the right to instalments is statutory so for a full year they have to offer 10 cash instalments (as a mimimum - 12 if you ask for them.)

    The point about previous years is a good one though - local authorities are less likely to give the benefit of the doubt if the same issue occurs every year.

    Craig
    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.
  • Bigphil1474
    Bigphil1474 Posts: 2,392 Forumite
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    Your payments (in post#3) add up to £529, which as you describe, means you are slightly ahead of the game this year. The 4 months left of the 10 at £89 a month means you would pay another £356 before the end of the year so you are about on track, and similar with my payments so far.
    Have they, for some reason, removed your option to pay in instalments? Can't see any other reason for it, as they are basically asking for the rest of your council tax to the end of this financial year (March 2017). You'll need to check your records to see if that is the case, and if it is, you owe the money. If not, then they seem to barking mad.
  • CIS
    CIS Posts: 12,260 Forumite
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    Have they, for some reason, removed your option to pay in instalments? Can't see any other reason for it, as they are basically asking for the rest of your council tax to the end of this financial year (March 2017). You'll need to check your records to see if that is the case, and if it is, you owe the money. If not, then they seem to barking mad.

    He was by his own admission short on a payment so they would have issued a reminder notice. If you don't pay the reminder notice within 7 days then you forfeit the right to instalments and the full outstanding balance becomes due within a further 7 days.

    Craig
    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.
  • thegreenone
    thegreenone Posts: 996 Forumite
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    It seems terribly harsh for £2.89. It's just an automated system with no common sense on the council's behalf.


    We had a similar situation when I made a stupid error but I was given the option of paying up before going to court. I now pay by standing order each week, starting in March, so April's is paid on time.


    Blackgothic, you must have had a letter asking for £2.89, if you didn't.....
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    Blackgothic, you must have had a letter asking for £2.89, if you didn't.....
    If he didn't then it's pretty much tough, providing the local authority can show it was posted then proof of receipt is not required.

    Craig
    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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