Council Tax Summons - Help

never-in-doubt

Hi,

I am a tight Scot who tends not to pay Council Tax until the end of the financial year, usually this means I send payment in full around middle of March to cover the whole of the previous year.

However, I decided to pay them £500 last month just to keep them happy but now, weirdly enough, I received a summons! :rotfl: Just wonder if there are any experts out there that know about these...?

They are saying they are applying for a liability order, my knowledge on these is not great but I assume this gives them 'supposed powers' to enforce the account? Thing is, they have already added £70 in the costs field plus they say they'll charge me £20 for this liability order.

Out of spite, and anger right now, i'm deliberately not going to pay the account until usual, 15th March 2010. Can anyone advise if this is wise or the beast way round this?

As it happens the date of the summons is 15 Feb but I posted a cheque for £500 on 12th Feb so I assume it has crossed in post, however will the fact I made this payment calm them down or will it not really matter?

Any advice greatly appreciated..... I s'pose I could just pay them off, but that'd be too easy....

Thanks Guys - Niddy :D:D

immoral_angeluk

Have you called them? If you've paid it in previous years at the end of the financial year without penalty they why have they started now?

never-in-doubt

immoral_angeluk wrote: »

Have you called them? If you've paid it in previous years at the end of the financial year without penalty they why have they started now?

Hiya

Different council and to be fair last year I kinda paid early and there shows £180 left from that on this bill (next to the £70 costs)....

Basically my arrears are £1400 for this year and £180 + £70 from last year. Obviously there is £500 to be deducted from this amount..... however why were last years arrears not paid before this years? Do they now allocate it proportionately like credit cards? lol

I thought if I was £200 in arrears and made a payment of £500, that would clear the arrears and pay £300 into this years bill - is that not correct?

Thanks again....

DarkConvict

Once they have applied to the court, they will have there court fee added and unless they applied in mistake will be added to the account.
As with CCJs best thing to do is turn up and defend, as above state you always pay at the end of the year and this has never been a problem.

Have you had any warning from the council over missed payments.

immoral_angeluk

You'd think.. but council's are funny beasts. lol. I'd give them a call and explain that you would be paying it before the end of the year and ask for the charges to be removed and the court action stopped. Don't just ignore it though as they'll no doubt keep adding charges.

RAS

Niddy

Are you actually in Scotland or elsewhere?

Basically, the CT becomes due on the 1st of April each year. In our area if you are overdue by September, you get a liability order and the bailiffs.

If you cannot stop the liability order, expect another £42.50 for bailiff fees as well.

never-in-doubt

Hiya

I'm in Leeds - but basically what is weird is the outstanding amount from last year! I thought if I owed say £180 from 2008-2009 then the moment I paid anything in this financial year, the old arrears would be cleared first?

If so, how come this still shows outstanding, I think they have messed up cos they have to proportionately use any funds received this year to first clear any exiting arrears prior to deducting from the current bill.

What I mean is that as things stand, according to their summons is suggests that there is £180 outstanding from last year plus £70 costs - as I actually paid £300 in December (just seen this on my bank statement after my last post) then surely these arrears from last year should be gone? It looks like they took the £300 and reduced this years bill, that isn't right is it? So as things stand i've actually sent them £800 in the last month anyway - cheeky beggars!

I will pay them off before the end of March as their council tax bill clearly states amount due from 1st April to 31st March so until 31st March, I am not in any arrears whatsoever.

Am I making sense?

Thanks again guys

planning_ahead_2

never-in-doubt wrote: »

I will pay them off before the end of March as their council tax bill clearly states amount due from 1st April to 31st March so until 31st March, I am not in any arrears whatsoever.

Hi NID

Council tax is usually due to be paid within ten months from 1st April each year - but councils can allow payments over a different period, eg 12 months or 52 weeks. If you have historically paid over (or within) 12 months I would think that you would have a case to argue with them that you are still within your regular, and previously accepted, payment period.

Attached link might be useful....page 18

I have no idea about how they apply payments to the account though....well I can see how they have applied them, but no idea how they SHOULD have applied them

never-in-doubt

Hi mate

I understand what you're saying but to me, it boils down to logic - the council are known for doing it across 10 months moreso cos they cannot count - no !!!!!!, that is the truth! Ok, i'll stop being b!tchy - its their systems, it cannot generate a 12 over 12 cycle - only 10 over 12 which is bonkers to say the least!

However, regardless what they may think (you know me) I work to law and what is right and wrong. It is wrong for them to issue a summons for a debt that is not legally overdue, surely?

Maybe i'd be better just paying them off lol..... can I argue this £70 charge whatever that will be from last year>

If anything i'll send a cheque for everything and pretend I never got their letter and then let them try and fight me in court for the £70 fee plus whatever this may cost them (i.e. the £20 liability order fee etc)

Thanks for the linky mate - will print it out and have a read tonight..... Ive also PM's some of the guys in the know with this sort of thing so will get to the bottom one way or another!

I am fighting on principle now, reagrdless whether they think I am wrong...

planning_ahead_2

never-in-doubt wrote: »

Hi mate

I understand what you're saying but to me, it boils down to logic - the council are known for doing it across 10 months moreso cos they cannot count - no !!!!!!, that is the truth! Ok, i'll stop being b!tchy - its their systems, it cannot generate a 12 over 12 cycle - only 10 over 12 which is bonkers to say the least!

However, regardless what they may think (you know me) I work to law and what is right and wrong. It is wrong for them to issue a summons for a debt that is not legally overdue, surely?

Maybe i'd be better just paying them off lol..... can I argue this £70 charge whatever that will be from last year>

If anything i'll send a cheque for everything and pretend I never got their letter and then let them try and fight me in court for the £70 fee plus whatever this may cost them (i.e. the £20 liability order fee etc)

Thanks for the linky mate - will print it out and have a read tonight..... Ive also PM's some of the guys in the know with this sort of thing so will get to the bottom one way or another!

I am fighting on principle now, reagrdless whether they think I am wrong...

Hi Nid

Yes - I know you by now...and I've only been here a month :rotfl:

I did google council tax law and all I can find is this statement on several local authority websites

The Council Tax Law state payments must be made over 10 monthly instalments from April to January

However, I can't find the 'Act' that statement actually comes from - but it is what they all seem to quote.

Good luck with the fight:beer:

yellowduck_2

I HATE the council tax.! Not very helpful but I know where you are coming from.