council tax help please.

dori2o

I got a letter on Tuesday headed BAILIFF 14 DAY NOTICE and dated 28 January 2009.


It basically says the local Magistrates court granted a liability order in respect of £68.

I knew nothing about it so phoned the council, apparently I did not pay all my council tax on time (paid in installments so last payment due end January.) So they have made an order for £68.

The £68 is costs only as There was no outstanding council tax payable.

I explained to the idiot on the other end of the phone that I had only got the letter when I returned home from work at 7pm on Tuesday so Wednesday was my first opportunity to call, it was also the last of the 14 days from 28/01/09 when the letter was apparently sent to me. I asked him for some grace so that I could write in and formally object to the chrge as this is the first I had heard about any magistrates hearing.

He said if I did not pay that day the Bailiffs would visit my property the next day and I would the be liable for added costs, so I paid it there and then as I don't want bailiffs at my door, especially when I have done nothing wrong.

So, the question is, What do I do now?

anyone been in this situation before?

Any help appreciated.

anniecave

well did you pay on time or not during the year? do you have all your receipts?
what council is this?
have you asked them for a statement of account?
have you asked them what steps did they take before the bailiff letter?

anniecave

It sounds to me like either your council has an exceptionally harsh attitude, or your name got put on a list for court action by accident.

I was a few days late with one of my payments and I didn't get any such treatment! I never even got a reminder letter.

CIS

Legally the court are correct, a Reminder would have been issued asking for the missed payment within to be made within 7 days and then once this was not received a Court Summons would have been issued. Once the Summons has been issued then the Council can be awarded the Liability Order against any costs which have been incurred in issuing it even if the Council Tax balance has subsequently been paid.

Policy varies from one authority to the next, its our policy not to pursue cases for costs only however it is within the powers of the authority to do so.

You need to check the actual date your payment was received by the council against when the instalment date was . The payment must have been received around 14 days late for a Summons to have been issued (Reminder gives you 7 days to pay and usually sent around around a week or so after the payment was due)

moneymare

dori2o wrote: »

I got a letter on Tuesday headed BAILIFF 14 DAY NOTICE and dated 28 January 2009.


It basically says the local Magistrates court granted a liability order in respect of £68.

I knew nothing about it so phoned the council, apparently I did not pay all my council tax on time (paid in installments so last payment due end January.) So they have made an order for £68.

The £68 is costs only as There was no outstanding council tax payable.

I explained to the idiot on the other end of the phone that I had only got the letter when I returned home from work at 7pm on Tuesday so Wednesday was my first opportunity to call, it was also the last of the 14 days from 28/01/09 when the letter was apparently sent to me. I asked him for some grace so that I could write in and formally object to the chrge as this is the first I had heard about any magistrates hearing.

He said if I did not pay that day the Bailiffs would visit my property the next day and I would the be liable for added costs, so I paid it there and then as I don't want bailiffs at my door, especially when I have done nothing wrong.

So, the question is, What do I do now?

anyone been in this situation before?

Any help appreciated.

I've come across this situation plenty of times. I'll try and timeline it.

1. Monthly Instalment not paid in time and Reminder Letter issued - Reminder not brought up to date within 7 days - lose the right to pay by instalments, Summons Issued.

2. Individual pays the balance, less the Summons costs.

3. Liability Order hearing goes ahead as full outstanding balance including costs not paid.

4. No response to Liability Order Questionnaire, so account passed for further action - including use of Bailiffs.

HTH

Snooze

Seems that moneymare and CIS work for council tax dept so here's a question for you both that I didn't get a conclusive answer to elsewhere.

Does late/non-payment/court order/liability order of council tax get reported on your credit file? I thought it did but I've been told I'm wrong .

Thanks,

Rob

CIS

Your correct - i do work in council tax.

Council Tax late payments,reminders,summons and liability orders are not shown on your credit record, the only way it would show on your credit records would be if you were made bankrupt by the council.

Snooze

CIS wrote: »

Your correct - i do work in council tax.

Council Tax late payments,reminders,summons and liability orders are not shown on your credit record, the only way it would show on your credit records would be if you were made bankrupt by the council.

CIS, thanks. Seems a bit pointless them issuing liability orders, CCJs etc if they don't show up on your credit file. :cool:

Rob

Mikeyorks

Primary aim is to collect the overdue Revenue. Which proceedings in the Magistrates Court tends to do far more efficiently than through the County Court.

Earthstrong

Hi

Can I ask for some advice please, I have just recieved a court summons for payment within 14 days as the OP however this is for a previous address which I moved out of in 2001. I have not had any correspondences from the previous council . Am I still liable for this debt. The court summons was held in 2004.
Thanks.

CIS

Whether you are liable depends on whether you are the person who would have been the liable person for Council Tax at that time at the property. If you where the liable person then the Summons would stand , if you aren't the liable person you need to contact the council ASAP.

Once a Liability Order has been granted by the Court it remain in force until the debt is cleared.