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Council tax instalments

Not sure if this is the right place for this, but Hackney Council say I have to pay my Ctax in 10 instalments, unless I pay by direct debit in which case I can pay in 12 instalments.

I have had a brief look at the Council tax regs 1992, but am no wiser!

Is it illegal to pay in 12 instalments by a method other than direct debit?

Thanks

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Schedue 1 of the council tax (administration and enforcement) regs 1992 covers the stutory instalments scheme.

    The statutory scheme is 10 instalments from April to Jan with the number reduced by 1 instalment for each month later in the year that instalments begin.

    The authority can allow discretionary payment arrangements (Part II of schedule 1)as long as they make it open to other under the same circumstances , this means that they can , for example, allow all DD payers to pay over 12 whist allowing no other payment method over 12 instalments.
    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.
  • lincroft1710
    lincroft1710 Posts: 19,038 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I have had a brief look at the Council tax regs 1992, but am no wiser!

    Some of us have studied those regs for over 12 yrs and still had difficulty trying to understand exactly what Parliament's intentions were in many of the paragraphs!!
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • sun01
    sun01 Posts: 11 Forumite
    Thanks CIS and lincroft170 :-)

    CIS - are they ever persuaded to bend the rules and allow someone to pay in 12 instalments due to financial circumstances (i.e. poverty).

    Surely it's in their interests to come to an agreement with someone who is having difficulty paying, rather than insisting on having the money like clockwork and risking not getting it at all? (Credit card companies for instance sometimes take this view.)

    What is the legal situation? i.e. If I say 'You can have it in 12 instalments or not at all' can they actually take me to court? Am I actually breaking the law?

    My situation is that I live in a shared house with four other people and none of us can afford the £200 odd quid a month to be coming out of our bank account by direct debit. We need to have the cash in place first before paying the council tax every month.

    I object to the council making interest from my money by making me cough up two months early, and not allowing me to spread the cost of the council tax over the full 12 months and thereby keep my monthly outgoings down to a minimum.
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    you're very luck
    many councils won't allow you to pay over 12 months even if you pay by DD
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    CIS - are they ever persuaded to bend the rules and allow someone to pay in 12 instalments due to financial circumstances (i.e. poverty).
    They can do at their discretion- we do in my authority in some cases on the basis that if you force people when they cant afford it you only end up making it even more difficult and expensive to recover the money.
    What is the legal situation? i.e. If I say 'You can have it in 12 instalments or not at all' can they actually take me to court? Am I actually breaking the law?
    Legally the local authority do not have to allow more than the statutory 10 instalments and can take you to court if the payments are made as requested. Not paying Council Tax as billed is a criminal offence dealt with via the magistrates court.
    My situation is that I live in a shared house with four other people and none of us can afford the £200 odd quid a month to be coming out of our bank account by direct debit. We need to have the cash in place first before paying the council tax every month.
    I would suggest that you negotiate with the local authority to see if they will allow a slightly later payment date during the month to allow you to gather the money and pay by cash instalments.
    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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