Council Tax - Court Summons

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  • lincroft1710
    lincroft1710 Posts: 17,545
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    If the amount owed has been fully paid then the court hearing should be cancelled. Ask to speak to a senior revenue officer at council to confirm this and preferably get written confirmation. Also send council a written complaint, don't rely on them to check their emails.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Freddie_Snowbits
    Freddie_Snowbits Posts: 4,328 Forumite
    My God, your council summons you because you miss one payment. it must be pure hard luck. Fancy missing at least two reminders!

    Never mind.

    http://www.stroud.gov.uk/docs/faq.asp?faqid=520

    You must pay your Council Tax in accordance with the instructions on the bill to avoid recovery.
    If you miss one instalment, we will send a reminder.
    If you pay and keep your payments up to date, no further action will be taken.
    If you pay this instalment but miss future instalments, we will send you a second reminder.
    If this is not brought up to date we will send you a cancellation notice. This means that you can no longer pay by instalments and you must pay your Council Tax in full or contact the recovery section on Tel No: to make an arrangement. It is not enough just to bring the instalments up to date.
    If you pay in full within 7 days, we will not take any other action.
    If you do not pay in full within 7 days, we will send you a Magistrates Court summons which will cost you £45.00
    At the Magistrates Court we will apply for a Liability Order.
    The Liability Order gives us the power to send a bailiff to your home to take your goods. The bailiff can then auction the goods to pay the bill and the bailiff`s fees. You will be charged for the visit by the bailiff even if you are not in when the bailiff calls.
    Unless you pay by Direct Debit you must pay your Council Tax instalment on the 1st of the month. If you pay any later in the month, you may lose your right to pay by instalments.
  • joanne0620
    joanne0620 Posts: 435 Forumite
    If the amount owed has been fully paid then the court hearing should be cancelled. Ask to speak to a senior revenue officer at council to confirm this and preferably get written confirmation. Also send council a written complaint, don't rely on them to check their emails.

    We paid the missing installment, but the summons is asking for the full remaing amount £850 which we don't have at the moment, is it enough that we have paid the missing installment or will they still try and get us to pay the full amount?
    **Trying my best to be the best that I can**

    Cheese and Shoe Addict!
  • joanne0620
    joanne0620 Posts: 435 Forumite
    My God, your council summons you because you miss one payment. it must be pure hard luck. Fancy missing at least two reminders!

    Never mind.

    Not sure whether you're trying to be sarcastic or not but I can assure you we have had no correspondence from the council in relation to our council Tax.

    Why would we ignore reminders and leave ourselves in a potential mess?

    Thats just silly.:)
    **Trying my best to be the best that I can**

    Cheese and Shoe Addict!
  • CIS
    CIS Posts: 12,260
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    We paid the missing installment, but the summons is asking for the full remaing amount £850 which we don't have at the moment, is it enough that we have paid the missing installment or will they still try and get us to pay the full amount?

    Once the summons has been issued you lose the right to instalments although most authorities will allow you to make a payment arrangement with the added costs.
    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.
  • Freddie_Snowbits
    Freddie_Snowbits Posts: 4,328 Forumite
    edited 4 June 2010 at 5:16PM
    joanne0620 wrote: »
    Never mind.

    Not sure whether you're trying to be sarcastic or not but I can assure you we have had no correspondence from the council in relation to our council Tax.

    Why would we ignore reminders and leave ourselves in a potential mess?

    Thats just silly.:)

    Oh dear, one is always right in these matters eh. Suggest you get a direct debit set up.

    And it is the law that if you miss more than one installment, the whole ammount becomes due, problem with that?

    Note if you moved into an area, you have a right to pay in installments the new Council tax bill, once the council have issued it, regardless of the time of year you moved into the area, this does not apply if you move within the council area.
  • CIS
    CIS Posts: 12,260
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    My God, your council summons you because you miss one payment. it must be pure hard luck. Fancy missing at least two reminders!

    A Summons can be issued after missing one instalment if the instalment is not brought up to date.
    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.
  • Hi

    I wondering if any one can help me, I owe back dated council tax too the council and it was agreed that I would pay them 20.00 a month till it was paid off.

    Well I have been paying every month since the agreement was made, but I received a letter today to say that I will be issued a court summons if I do not pay the remaining amount.

    I have spoken to the Council who have said that they can see that I have been paying every month since the agreement started, but I have broke their repayment agreement. Even though I have never missed a payment and the lady I spoke to said, because I have not paid off all the money owed by the end of the Tax year, which they would of know I was not going to be able to do. At the beginning of the agreement because 20.00 a month for a year is not gong to clear what I owe them.

    She has said that while she agrees that I can keep paying them 20.00 a month as I have been doing, it is just routine it has too go to court where it will be agreed that the payment plan can be put back into place.

    She told me that a cost of 68.00 will be added to my account for court fees and that I do not have to attend. I am also unclear because over the year I have had two reminder letters informing that I am late paying council tax, she seemed to say that if you get two reminders then after that if it is not paid on the date requested that you will be taken to court and they can not stop that.

    The payment of 20.00 this month was paid onto the wrong council tax account, because I pay council tax for me and my boyfriend. Then I have a separate council tax where I pay 20.00 into because the debt is only in my name.

    She transferred the payment over, but said I will still have court action taken.

    Has anybody else have this happened to them when, they have been paying Council tax and have not missed a payment. If it goes to court will anything be logged officially on my financial record.

    Is there any way to stop the court action?
  • CIS
    CIS Posts: 12,260
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    Once a Council Tax Demand Notice is issued then a later/missing paymnet triggers a Court Summons if you do not bring the account up to date, if you bring it up to date then a further late/missing payment will result in a second reminder, if this is not made then a Summons will be issued. If the paymet is brought up to date and a third payment is missed then a Final Notice is issued , this requests full payment of the remaining balance within 7 days or a summons will be issued.

    You can make every payment required but if the paymnets are late then a Court Summons can be issued. The local authority will do this and obtain the Liability Order to ensure that they can secure the debt against any default. I work in council tax recovery and this is a standard route that most local authorities will take.

    The issuing of a Liability Order will not be shown on your credit record.

    You need to speak to the local authority and see if you can negotiate regarding the Court Summons however it sounds like it has been issued correctly and they may not be willing to withdraw 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.
  • Hi

    Thank you for your help, the latest payment was paid on the 3rd and into the wrong Council tax account, my boyfriend thought that he had paid it in to the one in my name only.

    It was due on the 1st, so it was 2 days late, can I argue that it was paid but into the wrong account, which they have now moved it over too.

    So what will happen regarding the court action and what do you mean by Liability Order to ensure that they can secure the debt against any default. At present I am currently not working, I was before, but I am worried that they are going to send the bailiffs round. I have nothing of value, that could be sold.

    Is it correct that I do not have to attend the court and what happens in my absence?

    I have spoken a lady at my local council who said that will put down that I can keep paying the 20.00 per month. But they have to get the courts to reset up the payment plan, it just seems so that daft that they have to follow the procedure and take it too court to get the payment plan rest up. When the Lady said that I have not missed any payments on the account.

    Maybe I need to check up too see how many late payment letters that I have had on this account, because this is the 1st as far as I can remember. I may of had a 2nd one but I know that I have had a couple on the joint council tax account that I have with my boyfriend.

    I understand that the council have to some times get tough, but if you are making every payment and not missing one then it does seem unfair.

    Since I have found me self out of work, I have not been able to always stick to dates because the benefits have been moved around. Also until this month I have been paying 101 every month in council tax, when I worked I paid 110. So it I was having less money coming in and then had too pay 9.00 less than what I did when I was working. This month the Council tax has gone down to 55.00 a month, with no change to my situation.

    It just seems crazy that there can not be a way of sorting this out with out going to court, if the local council agree to me continually paying 20.00, while anything change that at court. Does the judge state how much he feels that should be paid, thank you again.
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