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Council Tax Benifit/Court summons help

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ladd
ladd Posts: 1 Newbie
edited 5 September 2009 at 11:53AM in Cutting tax
I really need help, i just moved into my first house ever, and i have gotten into some trouble with council tax bills.

On the 6th of August i got my first ever letter from Leeds city council stating that i owed them the overdue amount of £183.86 (which they over estimated by atleast 25% becouse they think two people live in this house), and that if i did not pay it by the 20th of august i would need to pay the entire amount of £723.86.
Since i am on a low income, i applied for council tax benifit , so i applied for it, and got a letter back fromhem on the 21st of august stating that they are recieving to many claims at the minute, and that it will take five weeks for them to assess my claim.

But today i got a letter to attend a magistrates court, saying i need to attend a summons to explain why i haven't paid my council tax of £723 + £51 summons costs.

so i'm just wondering, what are my options? Will this be easy to sort out? and will i need to end up paying the full amount?

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The law allows the council to apply for the Liability Order even if you have a claim for council tax benefit pending although many will hold action after the liability order has been granted to allow the claim to be processed. You need to contact them to discuss the situation.

    If you should have a 25% single person discount you need to contact the council ASAP and advise them of this.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • CHW
    CHW Posts: 27 Forumite
    Definitely contact the Council Tax and Benefits section to let them know what is happening, -the Liability Order will still be obtained but once the Council know that you are in the process of applying for Benefits they will probably hold off for a bit (it does depend on exactly what your circumstances are though). You will receive a 14Day notice threatening bailiff action shortly after the court date unless you come to a payment plan prior to the granting of the order (either by phone, or at court on the day). The Council will probably not accept any payment plan which does not clear the Outstanding amount before 31/03/10

    Return the 14 Day notice with the relevant details on and the Council will probably implement an Attachment of Earnings order (this prevents bailiff visits and the associated fees which can be extortionate if a commercial bailiff is used)

    The attachment comes out at a percentage of your take home pay and will hold any further recovery. Once your benefit claim is assessed any reductions in the overall balance will be taken into account. Start thinking about next year's liability now as if you are on a low wage, the attachment may not clear the balance before the start of next year.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Return the 14 Day notice with the relevant details on and the Council will probably implement an Attachment of Earnings order (this prevents bailiff visits and the associated fees which can be extortionate if a commercial bailiff is used)

    TBH the number of cases we issue AOE's in is quite low - you are probably safer also providing an offer of payment with your 14 day notice as then there is a further option for the council to consider before bailiff action.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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