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  • FIRST POST
    • blackgothic
    • By blackgothic 30th Sep 16, 5:04 AM
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    blackgothic
    Summons to appear in court for owing 2.89 in council tax
    • #1
    • 30th Sep 16, 5:04 AM
    Summons to appear in court for owing 2.89 in council tax 30th Sep 16 at 5:04 AM
    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
Page 1
    • Robin9
    • By Robin9 30th Sep 16, 5:20 AM
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    Robin9
    • #2
    • 30th Sep 16, 5:20 AM
    • #2
    • 30th Sep 16, 5:20 AM
    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 ?
    • blackgothic
    • By blackgothic 30th Sep 16, 6:27 AM
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    blackgothic
    • #3
    • 30th Sep 16, 6:27 AM
    • #3
    • 30th Sep 16, 6:27 AM
    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 ?
    Originally posted by Robin9
    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
    Last edited by blackgothic; 30-09-2016 at 6:52 AM.
    A little grunt a little squeeze and out it comes like lemon cheese
    • blackgothic
    • By blackgothic 30th Sep 16, 6:44 AM
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    blackgothic
    • #4
    • 30th Sep 16, 6:44 AM
    • #4
    • 30th Sep 16, 6:44 AM
    upload an image
    A little grunt a little squeeze and out it comes like lemon cheese
    • CIS
    • By CIS 30th Sep 16, 8:21 AM
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    CIS
    • #5
    • 30th Sep 16, 8:21 AM
    • #5
    • 30th Sep 16, 8:21 AM
    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 as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • Robin9
    • By Robin9 30th Sep 16, 9:18 AM
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    Robin9
    • #6
    • 30th Sep 16, 9:18 AM
    • #6
    • 30th Sep 16, 9:18 AM
    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 ?
    • CIS
    • By CIS 30th Sep 16, 9:26 AM
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    CIS
    • #7
    • 30th Sep 16, 9:26 AM
    • #7
    • 30th Sep 16, 9:26 AM
    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 ?
    Originally posted by Robin9
    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
    Last edited by CIS; 30-09-2016 at 9:41 AM.
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • Bigphil1474
    • By Bigphil1474 30th Sep 16, 1:56 PM
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    Bigphil1474
    • #8
    • 30th Sep 16, 1:56 PM
    • #8
    • 30th Sep 16, 1:56 PM
    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
    • By CIS 30th Sep 16, 2:07 PM
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    CIS
    • #9
    • 30th Sep 16, 2:07 PM
    • #9
    • 30th Sep 16, 2:07 PM
    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 as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • thegreenone
    • By thegreenone 30th Sep 16, 7:27 PM
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    thegreenone
    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.....
    2016 2 Saver's club: 54/250
    • CIS
    • By CIS 30th Sep 16, 7:46 PM
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    CIS
    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 as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • blackgothic
    • By blackgothic 30th Sep 16, 8:12 PM
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    blackgothic
    Thanks for replying everyone. I will send off an apologetic letter to see if i can get the 90 put aside if not will have to take it on the chin.
    A little grunt a little squeeze and out it comes like lemon cheese
    • CIS
    • By CIS 30th Sep 16, 9:31 PM
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    CIS
    Best way is just to give it a try - I always used to react better to being asked nicely and generally gave people another chance (used to get wrong for that a lot...).

    Craig
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • blackgothic
    • By blackgothic 9th Oct 16, 1:11 PM
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    blackgothic
    Just an update i went to the council offices and they had a look at my previous payments and cancelled the 90 charge. I would like to thank everyone for their posts and especially Craig . Cheers
    A little grunt a little squeeze and out it comes like lemon cheese
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