Council Tax Late Payment Court Summons

sillymee

Hi Everyone,

I gues this is not quite on topic, but couldn't find anywhere else appropriate and since I'll either be going bankrupt or applying for an IVA soon, I thought I'd post here!

I recently missed my last council tax payment for 2008-2009 which should have been paid on the 23rd March by direct debit. I cancelled it in error thinking the last payment for the year had already been taken as I was going to change bank accounts (which I've not got round to doing - probably be no point now if I go bankrupt!). I got a reminder which was issued on the 14th April stating that the amount was overdue and and should be paid by the 21st April then the remaining balance would become due on the 28th April (no problem, I thought, as it was the last payment and all I owed anyway). I had the end of the month in my mind to pay so called and made the payment on the 30th which, of course, was 2 days later than the full balance was due - my fault, I totally accept, but in my 'defence' I'm 8 months pregnant and have significant money problems (although that is not the issue of why I didn't pay, as I had the money 'put aside')... When I called to pay I asked if everything was okay with the account and was told it was 'okay' until the 1st May (the following day) when the next month's installment was due - although I explained I had set up a new dd so he said that would be fine as payment okay on the 23rd of each month if dd. I was shocked the following morning to receive a court summons for the outstanding amount (which I had paid the previous day) plus £85 court costs. I also pay the council tax on behalf of my Grandma, who lives next door, who is also in the same position - although she doesn't know it, thank goodness or would be freaked out! I called up to explain that the guy I'd spoken to the previous day had said everything was fine, although the letter had been issued the day prior to that. The woman said she would listen to the call and phone back, which she duly did but had not had time to listen to the call and would call me on Tuesday, after the bank holiday. Again she rang, but had not had time to listen to the call, so would call on (last) Wednesday. This time I did not hear anything until today (following Monday), she said she had listed to the call and it seemed to be a training issue and he had just said the payment had gone through okay - not true, I asked if the account was okay and he said it was fine until 1st May... So she said she would again listen to the call and get back to me tomorrow, but seeimingly there is no way for the £85 (x2 for Grandma's account) to be waived. Whilst I know and accept responsibility that my payment was late £170 seems a bit steep, and unfair, when it has taken them over a week to get back to my queries with an unsatisfactory response...

I am thinking of appearing at court (I belive most people don't) - strangely the time for the appearance for both me and my Grandma is exactly the same, to put accross my side! Is there any point? Is there any chance of getting the costs removed? Will going to court affect either my partner (who is listed on my ctax bill) or Grandma in any way? I don't care about myself in terms of credit rating, but they have both got perfect credit histories and I don't want my error to affect either of them.

Sorry for long post!

Sillymee

fiveyearplan

Has the payment gone through or not? If your OH is on the bill then it would need to be paid as it would not be able to go into your BR if thats what route you decide to take.

louiser123

i would definatly go to court and complain, if i have read this correctly you were up to date but paid last payment 2 days late?? i have never known the council tax persue court for a paymant 2 days late it usually has to be far more in arrears than tat to go to court. if i have read it right surely no judge would rule on this as it was 2 days late. have i got it right or were there arrears also to pay ??

sillymee

Thank you for your responses.

Fiveyearplan - I don't intend to include the amount in the bankrtupcy (if I decide on that route) as I realise it would affect OH. I have already paid the outstanding amount owing, but have not paid the £85 court charges. If needs be I will have to pay the costs out of my £190 health in pregnancy grant :-( What I meant is by going to the Magistrates and defending myself would that have any more of an impact on my OH than as things stand at the moment!

Louise123 - sorry I've not been clear the key dates are:

1st March payment due if on cash payment (which I wasn't at the time, but I 'made' that the case by cancelling my dd)

23rd March date the dd should have been taken

21st April if balance not paid then full amount for year (which is the total owed as was final payment) then becomes due 28th April

29th April Court Summons issued (not received)

30th April Payment

1st May Court Summons Received

So actually payment was a month late... but only 2 days later than the 'final' date on the letter

louiser123

sillymee wrote: »

Thank you for your responses.

Fiveyearplan - I don't intend to include the amount in the bankrtupcy (if I decide on that route) as I realise it would affect OH. I have already paid the outstanding amount owing, but have not paid the £85 court charges. If needs be I will have to pay the costs out of my £190 health in pregnancy grant :-( What I meant is by going to the Magistrates and defending myself would that have any more of an impact on my OH than as things stand at the moment!

Louise123 - sorry I've not been clear the key dates are:

1st March payment due if on cash payment (which I wasn't at the time, but I 'made' that the case by cancelling my dd)

23rd March date the dd should have been taken

21st April if balance not paid then full amount for year (which is the total owed as was final payment) then becomes due 28th April

29th April Court Summons issued (not received)

30th April Payment

1st May Court Summons Received

So actually payment was a month late... but only 2 days later than the 'final' date on the letter

still very harsh in my mind simply as its a month late, i would definatly go to court and explain your side ect, i could understand it if you were months in arrears and hadnt paid have you contacted the council and are you sure its a summons and not just the threaten letter. im sure they can actually stop proceedings and refund that charge, but even so it was paid and there really isnt a case to answer now im sure any judge will see that and look at the dates ect and find they were very hasty in issuing court summons. or they should do in my opinion.
i know they do have issue two letters prior to the final third which informs of intent to issue a summons have you had the previous two letters?
i know my mother a pensioner had this and they refunded the charges and stopped the proceedings so they do have that option but wether they take it is anyones guess!! good luck keep us informed of any developments.

sillymee

Hi

Just to let you know they have dropped one of the charges against my Grandma - still have to pay £85, which is steep but better than £170! I did get the previous letters so, although very harsh, they did act in accordance with the law. I won't be late paying again....

Thanks for your responses.

Sillymee