Council Tax Summons for £12!!!!

SashaD

Hi there,

This is my first post, so I hope someone can help!

I am a single person living alone and my only income at present is Incapacity benefit, out of which I have to pay a small amount of rent and council tax.
I missed the council tax payment for April, which was £12.29-I was short of money and trying to figure out my finances after my rent and benefits changed in that month. I was planning to pay 2 months in May, to bring it up to date. I only recevied one reminder for the council tax and thought I would wait until I rec'd a second reminder before paying.
Anyway, yesterday I rec'd a court summons to appear at magistrates court in the next two weeks-the £12.29 now increasing to £237.29, being the full amount for the year plus £72 in court costs.
I am really worried by this and don't know what to do.
It seems really harsh that they are taking me to court for missing one months' payment and they only sent one reminder. Plus with it being such a small amount (£12) I really didn't think it would go so for in such a short period of time,
I am scared about what will happen-do I have to attend? Will I need a solicitor? I don't have £237 so I am really worried what will happen,
If anyone can help it would be much appreciated,
Many thanks!

BruceyBonus

It is a legal requirement to attend court if you have been summoned.

Obviously, you can't change what has happened, but I would have strongly suggested letting the council know that you couldn't pay (rather than just not paying).

You should be able to come up with a payment plan (either with the council or the court) to pay off a small affordable amount every week/month.

What I'd do now is phone the council and see what they suggest. You may be able to come up with a payment plan now (avoiding having to go to court).

Fire_Fox

The summons will be sent by computer, it doesn't matter if you are £12 behind or £120 behind. In future when you are short of money you must contact the council instead of just ignoring it. You shouldn't need a solicitor but ideally you don't want this to go to court as there will be additional charges - these would be taken out of your benefit at a rate you can afford (low).

Best thing to do now is to pay as much as you afford (two months if you can, online or go into the office) and also write to the council explaining the circumstances of your benefits and rent changing. Ask for them to take back the debt and to cancel the magistrates court date. Don't mention only one reminder as it is not relevant but do say it was just £12 and that you are now up to date with your payments.

If the council won't take the debt back you will have to attend the hearing, but ensure you have all your financial information with you so you can show that you can't afford to pay the whole lot in one hit.

Burlesque_Babe

No, you don't need to attend. The only people who attend are those who believe the liability order was issued incorrectly.

Did you receive a Final Reminder? I would ring and ask when it was issued as when I worked in CT recovery, the process was 1 reminder, if not brought up to date Final Reminder, if still not brought up to date, liability order. If the liability order has been issued correctly (ie the correct paperwork has been sent out) then they won't withdraw the summons. However, as long as you pay everything over the rest of the year and don't fall behind, you will be fine.

Liability orders are done in huge batches and the court date is merely a rubber stamping exercise.

Contact the council before the liability hearing date and arrange to pay the whole amount (including the summons fee) over the remaining months of the financial year. Explain your benefits situation to them as they may ask if you work (an attachment to earnings is one way CT is recovered if you work).

If you do fall behind with the arrangement you MUST contact them immediately to look to re-calculate it as they will just pass it to the bailiffs if you don't keep in touch with them.

SashaD

Thanks for all your help!
Spoke to the council, they have let me pay April's payment and May's payment and have removed the summons and extra court fees as long as I agreed to setup a direct debit.

kindofagilr

Thats great news!!!!!

Burlesque_Babe

that's excellent news - you are very lucky that they agreed to withdraw the liability order summons - well done!

rog2

SashaD wrote: »

Thanks for all your help!
Spoke to the council, they have let me pay April's payment and May's payment and have removed the summons and extra court fees as long as I agreed to setup a direct debit.

Good news, Sasha - and excellent advice from Burlesque Babe. :T :T

I have always found that it is better to try and negociate directly with the Council, even after it has gone to Court, rather than trying to 'deal' with uncaring bullies who masquerade under the title of bailiffs.

Merlinexcalibur

That's why I deleted it.

rog2

Merlinexcalibur wrote: »

That's why I deleted it.

I only noticed that you deleted it after I posted my reply - I will, and now have, delete my post.