Liability Order

baggybond

I missed the final payment of council tax for last year and received what looks like a summons issued by the council for non-payment of council tax (thats a different matter as i thought only courts could issue a summons), with an added £65 costs on top . I paid the outstanding council tax right away but not the costs and informed the court. The council, as was their right, went to court and were granted a liability order.

Now, depending who writes to me, one council employee says I paid the council tax in full and the liability order is for £65 costs and it is due now, yet another employee says I paid the costs and the liability order is for unpaid council tax of £65 which is due now. I owe the council £65, that is not in despute, but do I pay the bill that says its for costs, or the bill that says its for council tax?

WRINKLES

If you paid the council tax that was due , then they have got their wires crossed ,staple together a copy of both letters and send a cheque for £65 ,let them sort it out. but keep copies of everything.

DarkConvict

Were you warned about overdue council tax before they went and applied for a court summons?
CIS (forum user) will know better but i am sure you should be written to before the application to the court is sent, then again when the court is involved.

CIS

I missed the final payment of council tax for last year and received what looks like a summons issued by the council for non-payment of council tax (thats a different matter as i thought only courts could issue a summons), with an added £65 costs on top . I paid the outstanding council tax right away but not the costs and informed the court. The council, as was their right, went to court and were granted a liability order.

The Summons are issued by the council on the courts behalf for administrative reasons. The court grant the council's application in bulk and the council then produce and post the summons that the court have agreed can be sent. This is a well recognised and tested method.

Now, depending who writes to me, one council employee says I paid the council tax in full and the liability order is for £65 costs and it is due now, yet another employee says I paid the costs and the liability order is for unpaid council tax of £65 which is due now. I owe the council £65, that is not in despute, but do I pay the bill that says its for costs, or the bill that says its for council tax?

Genrally speaking the first £65.00 of the money paid would be paid against the costs incurred and remaining against the council tax balance so the remaining £65.00 would be council tax and not costs however each authority can do it whichever way round they wish and as you quite rightly say the money is due irrespective of which way round the council allocate the payments.

baggybond

CIS wrote: »

The court grant the council's application in bulk and the council then produce and post the summons that the court have agreed can be sent. This is a well recognised and tested method.

I know it's common practice for councils to do this, dont know if its been challenged or if it is lawful, but I understood that each summons had to be viewed and signed by a court official because it is a judicial act to issue a summons.

CIS wrote: »

Genrally speaking the first £65.00 of the money paid would be paid against the costs incurred and remaining against the council tax balance so the remaining £65.00 would be council tax and not costs however each authority can do it whichever way round they wish and as you quite rightly say the money is due irrespective of which way round the council allocate the payments.

The council added the costs before I was made liable for them by a court. Plus another council employee said that at the hearing, the council acknowledged that I had paid the council tax in full and were only after costs.

If councils cant get simple things like this right then theres no hope for them!!!

Ive written to the court asking them what the judgement was on the day. I reallly should have attended that one!!

baggybond

The court confirmed that only COSTS were awarded. They also contacted the council who confirmed that the council tax was paid in full before the hearing.

I have now written to the council to issue a bill for COSTS and that it be itemised.

I also asked them what law/regulation allows the council to issue a court summons. Council Tax Regulations state the Council can make a complaint to a justice of the peace and request the issue of a summons, but I cant find anywhere saying a Council can issue a Court Summons. Just because it is common practice does not make it lawful!


Needless to say my letter has now been passed on to the Cheif Recovery Officer to deal with.

PNPSUKNET

I wouldnt normaly say, but go to your local mp and paper as councils seem to get away with this a lot.