Very scared - court summons

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  • CIS
    CIS Posts: 12,260 Forumite
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    lostmyname wrote: »
    Hello, first of all, apologies if this is in the wrong thread, I tried posting on the CAB but I am not able to.
    Also I am an old user (not logged on for a while) so emailed [EMAIL="postmaster@moneysupermarket.com"]postmaster@moneysupermarket.com[/EMAIL] for help but it bounced, so created a new account as am so desperate for advice.

    Both my husband and myself received court summon for non payment of Council Tax.
    My husband is responsible for paying this (our arrangement) and due to financial issues he missed payments then made two payments in one go late, etc. He failed to keep in touch and explain the situation which I am sure would have avoided this. We are both otherwise law abiding citizens and in a bit of a shock that it has gone so far so quickly.
    If you're both liable (as per s6 of the Local Government Finance Act 1992) then any personal arrangement over payment is purely that, it has no effect at all on how the council will determine liability. If you're jointly liable than you're equally responsible for the full payment. Is it for a property you live in together ?
    Anyway on the letter it states that if we pay in full, they will not proceed and we do not need to attend the court date. Can you please advise if this still leaves a record on our record anywhere for example for DBS or do we have to mention it in future when applying for credit?

    If won't show on a DBS check and never shows on a credit history (unless you were made bankrupt)
    Also when this is over, will I be able to remove my name from the Council Tax bill?
    Not unless you legally cease to be jointly liable.

    boo_star wrote: »
    Being a bit pedantic but that’s no longer non-payment of council tax, it’s effectively contempt of court.

    The sentencing decision is made for 'wilful refusal or culpable neglect' with regards to non-payment of council tax, not specifically for failure to comply with the liability order. Any contempt of court issues would be separate.
    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.
  • CIS
    CIS Posts: 12,260 Forumite
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    stevenhp1987 wrote: »
    Ah, I never knew that, I always assumed a CCJ would follow for non-payment, much like non-payment of debt.

    I would class prison sentence as much worse than a tarnished credit history so this would have a worse affect...

    The odds of a prison sentence are very low overall - the council would have to try an enforcement agent first anyway. With a liability order the council manage the recovery action (within the allowed parameters), if it was via a CCJ they'd have to keep applying back to the court every time they wanted to try a new form of recovery.
    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.
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    Why was it paid late ?

    Pay it by direct debit in future.
  • boo_star
    boo_star Posts: 3,202 Forumite
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    CIS wrote: »
    If you're both liable (as per s6 of the Local Government Finance Act 1992) then any personal arrangement over payment is purely that, it has no effect at all on how the council will determine liability. If you're jointly liable than you're equally responsible for the full payment. Is it for a property you live in together ?



    If won't show on a DBS check and never shows on a credit history (unless you were made bankrupt)


    Not unless you legally cease to be jointly liable.




    The sentencing decision is made for 'wilful refusal or culpable neglect' with regards to non-payment of council tax, not specifically for failure to comply with the liability order. Any contempt of court issues would be separate.

    I did say “essentially.”

    There’s not a whole lot of difference in real terms between contempt and “willful refusal.”
  • fatbelly
    fatbelly Posts: 20,571 Forumite
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    debt camel has an interesting page here

    https://debtcamel.co.uk/prison-for-debt/
  • fermi
    fermi Posts: 40,546 Forumite
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    Hi, we move threads if we think they’ll get more help elsewhere so this post/thread has been moved to Debt-Free Wannabe. If you have any questions about this policy please email [EMAIL="forumteam@moneysavingexpert.com"]forumteam@moneysavingexpert.com[/EMAIL].
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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