Council Tax Summons

shellharris2002

Any Advice would be appreciated!

Earlier this year we missed a council tax payment and our Direct Debit was cancelled.
I spoke to the council and told them we were struggling to pay on the 1st of the month due to our other bills and mortgage coming out the last and 1st days of the month. The lady I spoke to was really nice and said if we could get a payments back up to date they could reinstate the dd for either the 1st, 15th or 26th of the month and we could pay in the mean time at one stop shops, by card or by standing order.
I set up a standing order for the 26th of the month until further notice. All our payments are back up to date and with life being life I haven't had chance to phone the council to reinstate the DD.
I thought as we are paying in the month the money is due and by standing order we were ok.It turns out not. we received a court summons yesterday saying we have lost the right to pay by installments.
I called them but they are sticking to their guns on this. I arqued that they are getting paid and I had no idea it was vital that we reinstated the dd to get the benefit of paying later in the month.
We can not pay the £887 they are asking for so it has to go to court!
What can I do if anything? I'm really confused that we are paying and we are up to date with the installments why does what day in the month it is paid matter so much???
Help!

CIS

The statutory instalment scheme set in legislation is for payments on the 1st of each month, any payment after this date is late and a reminder can be issued.

The council can discretionaly allow payments at a later date but again if the payments are later than that date then a reminder can be issue.

It sounds like your instalments are still due on the 1st of each month and you haven't made payment until later in the month. If this is the case then the summons has been issued legitimately

paulofessex

The annoying thing also in these cases is that people are already struggling to pay bills etc and the council will slap on £50+ charges for the summons and that is not including the courts costs.

OP, my believe is that you don't actually need to attend the court, however if you feel you have a good case of arguing that you have paid on a regular basis and you would like the costs quashed you should attend but make it clear to the court usher you wish to appear. Be prepared for council officers at the court that day who will try and stop you appealing in case it makes the council look bad. Stick to your guns.

Personally l can't see how they can ask for the full £800+ when surely its not due until March 2011 the lastest

noh

Personally l can't see how they can ask for the full £800+ when surely its not due until March 2011 the lastest

If installments are missed the balance becomes payable in full.

http://www.opsi.gov.uk/si/si1992/Uksi_19920613_en_6.htm#mdiv23