Council Tax Liability Order????

ginja_ninja_2

Ok, I was late paying a council tax bill in June (£55). I recieved a summons on the 1st July for 23rd July. However the summons was for the whole years amount (£440) .

As mentioned the summons was for 23rd July but on the 3rd July I paid £110 - which was June and July's payment. But it still went to court and on the 4th August I got a Liability order for the full amount £440 and costs.

I rang the council and they said "tough, once the summons is sent you either pay the full amount or go to court".

Questions:

Is this legal? e.g they have taken me to court for a period in the future? So if I move to a boat or become a traveller then do they have to take back the judgement because I don't owe the money anymore???? They have taken me to court and smeared my credit record for money I *may* not even owe.

Surely they can only take me to court for the money I am actually in arrears for (£55) as council tax is not a credit agreement I signed up for like a bank loan or credit card? e.g I did not agree that the full amount would be payable on default, also the full ammount is not even actually owed until I have stayed at my residence for that period.

Any advice would be welcome as I am fuming about this!!! The councils seems to be a law to themselves these days!

Thanks
ginna

PS if this IS legal then something should be done about it - it's absolutely ridiculous!

Pumpkinface_2

I am not a lawyer so cannot refer to legislation, but it is most definitely standard practice that if people do not keep up with council tax installments then they lose the right to pay by installments altogether.

Having said that, I am rather surprised at the speed with which you were taken to court. They surely sent a reminder before the summons, no?

ginja_ninja_2

Pumpkinface wrote: »

then they lose the right to pay by installments altogether.

But what gives them the right in the first place to take me (or anyone) to court for services I have not and quite well may not ever recieve? Just because it's common practice does not make it legal or right.

Really you couldn't make it up. Can you imagine having a magazine on subscription from the newsagents - you don't pay the bill for march and the newagent takes you to Court for the amount covering March to December?????????? The Courts would laugh the newsagent out of the place - yet with the Council it's allowed??????

CIS

As mentioned the summons was for 23rd July but on the 3rd July I paid £110 - which was June and July's payment. But it still went to court and on the 4th August I got a Liability order for the full amount £440 and costs.

The relevant regs are the council tax (administration and enforcement) regs 1992.

Council Tax becomes due in full on 01 April however the legislation allows for instalments only on the basis that they are paid as billed, if these aren't made then under the certain circumstances you lose the right to instalments and the balance becomes due in full.

When a council tax reminder is issued under these regs you have 7 days to pay the missed instalment or the entire years balance becomes due within a further 7 days. Failure to make the required payments on issuing of a reminder allows a Court Summons to be issued and an application to be made for a Liability Order.

The regs on this issued have not changed since 01 April 1993 when they were introduced.

But what gives them the right in the first place to take me (or anyone) to court for services I have not and quite well may not ever recieve? Just because it's common practice does not make it legal or right.

Regardless of common practice or not the council are bound to follow statutory legislation which in you case they have done.

ginja_ninja_2

The relevant regs are the council tax (administration and enforcement) regs 1992.

But who makes the regs? and are they legal?

CIS

The regs are issued by parliament and have been in force since 01 April 1993 - if there was a major legal issue with them it would have been challenged before now.

noh

ginja_ninja wrote: »

But who makes the regs? and are they legal?

Parliament.
They are as legal as any other Statutory Instrument.

http://www.opsi.gov.uk/SI/si1992/Uksi_19920613_en_1.htm

lincroft1710

Parliament has made numerous amendments and additions to CT legislation since 1992.

If you seriously contemplate life afloat, be aware that council tax is payable on a permanent residential boat mooring.