Help: Council Tax - I missed a payment. Now they want my employment & bank details.

Unique79

Hi,

I'm sorry my first post is a cry for help - I guess we all started like this?...

I pay my council tax monthly £70ppm over 10 months in a year by standing order. This month, my standing orders tried to leave my account a day before payday (this is fine.. just bad admin on my part which is now rectified)

Now, the council have sent me a final demand for £420 which needs to paid in full - (I was late in my first payment to them for the year bill). - I can't afford £420 immediately they really must think we grow money in the garden!

I've just paid them £70 online right now and will pay them another £70 on my payday (24/09/10) - and £70 every payday after.

In their letter, they say that no payment arrangement will be considered without me giving them my employment details and setting up a direct debit.

But quite honestly, I don't want to give them my employment details, (why should I?) I'm not a bad payer, it was just an oversight - I can afford to pay them £70 each month, is there anything I can say back to them to prevent them from obtaining my employment and bank account details, I think this is awful!

Thanks :-)

beanielou

Unfortunatly they are within their rights to ask for this information as stated in the legislation.
It is in case they have to arrest your wages for non payment.

mr.ton

Typical of how these wretched councils operate really...
If you dont want to give it to them then dont - the council doesnt actually have any power whatsoever, its the court system that does - just carry on making payments the way you are doing (keep receipts).....if the council carries on playing silly b*ggers then you can show any court that you have maintained payments etc....and that the council have been acting unreasonably.

dancingfairy

Firstly you need to find out exactly what has happened - there are rules and procedures they have to follow and I'm not sure if they have followed them or not in this case to be honest.
If you failed to pay on time then they probably should have sent a reminder (check this) - if you still failed to pay then the whole year becomes due as it is a priveledge to pay council tax in installments and not an automatic right (aparently).
They may have been to the Magistrates Order and got a Liability Order against you (you should have received notification of this if this has happened) - can you confirm if this has happened - it will add on costs and will open up a range of recovery methods for them - including taking money from your wages from your employer.
Can you confirm exactly what part of proceedings you are at please?
df

charliemonkeyface

ignore them and keep your payments upto date and ontime. as long as your not behind there is nothing they can do. they probably want your work details to obtain an attachment of earnings order so they can take it straight from your wages.

mr.ton

Ask for a copy of their official complaints procedure - that'll keep them busy for a while

dancingfairy

I'm not 100% sure they can attach earnings without a liability Order and I'm also not sure whether you have to give your details to the council to be honest.
If they have not followed due process it will give you more power in your negotiations.
It might be worth putting your offer in writing to the council and continuing to pay as you are doing regardless - oh and check out whether you are entitled to any benefit as this will reduce your bill
If the council really don't want to play ball you may want to get your local councillor involved - they tend to have a lot of clout to get these things resolved - but as stated above you may want to double check with one of the experts whether due process has been followed as this will give you more bargaining power.
Good Luck
df

dancingfairy

It might be worth giving National Debtline a call or Pm'ing Robert Moir or Herbie? as they are well versed on what councils can and can't do.
df

McKneff

They would only garnish your wages as a last resort if your direct debits stopped. This is why they want your employment details

Its you who is in the wrong here by missing a payment.

Not sure, but will thie impact on the oPs credit file.

NeverEnough

Rules relating to council tax are quite draconian and unfair really, but councils do have to follow their procedures about them. If you are in arrears with council tax, you should have received a letter from them commencing their proceedings to recover the arrears - ie a first letter of demand. They also have the right to cancel any arrangements to pay monthly, unfortunately, if this happens. Sometimes they only do this after a second default on the due date, as has happened to you.

I would request their complaints procedures, as has been suggested - it will delay things a bit. Also make sure you continue paying the tax, on time, every time. Its not like a credit card or unsecured debt - you really can go to jail if you default on council tax.

Keep a very clear record of all your payments so they can be presented at any time if the matter does go further.

If they persist, and I think they can demand that the option of monthly payments stop now that you have missed the payment date twice in a year, write to them enclosing a photocopy of your payment record showing you are up to date, and state that the circumstances were not in your control at the time, the amount was outstanding only a few days longer than it should have been, and that you have taken steps for it not to recur. Also state that you cannot afford to pay the whole amount at once, as it will cause severe hardship.

See what response you get. While the debt remains with the council, I doubt whether they will take serious action while you are paying very regularly. Technically, you ARE in arrears as they CAN demand the outstanding amount in one payment if you miss a payment date for any reason, but if they persist I would try a reasonable approach without getting too shirty with them - you are unfortunately on the wrong foot with this one as the laws were written to benefit the councils and the councils alone.

In short, miss most other payments if you absolutely have to, but don't miss your Council Tax date!!!:(

HappyMJ

McKneff wrote: »

Not sure, but will thie impact on the oPs credit file.

Not paying council tax does not impact a credit file. Source: Personal experience...