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Why is the council so horrible???

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  • newlywed
    newlywed Posts: 8,255 Forumite
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    OH had a similar problem. They sent a letter saying 2 payments missed, but just as it was the 2nd of the month. So we paid up one month's. Next thing was a letter saying they're taking him to court. He rang and said we're only one month behind. They said they don't care pay the rest of the year's money. Tried to explain we didn't have that and they said well you'll have to go to court then as it's too late to make an arrangement to pay the arrears. (No Summons or anything had arrived by then!!).

    So then the court chuck on £80 charges and then we make arrangements to pay like we wanted to in the first place and then the Council throw in an extra unexplained £80 "Charge" on top of it, just for good measure - yeah cheers!!! It's not like we didn't want to pay or that we weren't paying, (we don't begrudge paying the money) just that we were late paying one month's payment. By the time it had gone to court we were totally up to date, but because we couldn't pay the full amount it was tough.

    Mind you the council also told my OH that a court judgement wouldn't affect his credit rating at all as it was county court, not magistrates!!!??? Work that one out???
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  • moneymare
    moneymare Posts: 611 Forumite
    And while we're on the subject, I'd like to put another 'myth' to bed.

    Council Tax will normally have a due date, and should payment not be received on that day, the local authority (if it so chooses) has the right to issue a Reminder letter the day after the due date. It so happens that most local authorities will wait 7 - 14 days after due date before issuing reminder letters.

    A common 'myth' I regularly hear is that it is ok to pay Council Tax as long as it is done within the month it is due.......NOT SO.

    The public not only have a duty to pay Council Tax, they have a duty to pay it ON TIME.
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  • newlywed
    newlywed Posts: 8,255 Forumite
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    moneymare wrote:
    The public not only have a duty to pay Council Tax, they have a duty to pay it ON TIME.

    That's fair enough but when there's no money and it's a choice of paying rent or Council Tax... ??? Would you keep your house or risk a CCJ??? :confused:
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  • needaspirin
    needaspirin Posts: 1,208 Forumite
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    Locana:
    I paid all my council tax off at the beggining of the year, cause I has so much trouble with them last year. Last wednesday they sent the bailiffs around for non payment. I was so happy to show my statement to the bailiffs, they left without any words..... But it should never have happened.
    Sorry to say but the Council would not just send Bailiffs like that. They would had to have taken you to court first. As you didn't mention that I expect that this will have happened without your knowledge and you will now have a CCJ against you. You will need to check this out.
  • rog2
    rog2 Posts: 11,650 Forumite
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    Locana wrote:
    I paid all my council tax off at the beggining of the year, cause I has so much trouble with them last year. Last wednesday they sent the bailiffs around for non payment. I was so happy to show my statement to the bailiffs, they left without any words..... But it should never have happened.

    Just a couple of points (I am not trying to contradict any other post on this subject).
    1. Most Councils actually use the local magistrate's court, rather than the county court, and this does not, generally result in a CCJ. From my own experience, though, this process is often quicker - the notification of prosecution usually being issued exactly 7 days after the final demand.
    2. Our local council uses 'in-house' bailiffs - whilst operating under a separate name, they are based at the local council. Could it possibly be that the council were using them as 'Debt Collectors' in your case. You can always check, at the local magistrate's court, to see whether your case was actually taken to court. If not, then your council could be in serious trouble for sending 'Bailiffs' who, legally, can only call after a court judgement.
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  • Anwen_2
    Anwen_2 Posts: 234 Forumite
    newlywed wrote:
    That's fair enough but when there's no money and it's a choice of paying rent or Council Tax... ??? Would you keep your house or risk a CCJ??? :confused:

    Yes, but a CCJ isn't the worst thing that can happen if you don't pay your Council Tax: http://www.barking-dagenham.gov.uk/9-council/finance/council-tax/fin-council-tax-non-pay.html

    (and the same applies nationwide)

    This is why Council Tax, like Rent, is ALWAYS classed as a priority bill/debt (i.e. you should pay those before credit cards etc.)
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  • Just thought I would tell a nice story about a council, they refund me £30 Council Tax. I was so stunned I had to phone them to find out why they were giving me money (never have trusted local council). They explained it was a refund from when I moved house 5 years ago!
    I had them send me a letter confirming these details (just in case!)
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  • Locana
    Locana Posts: 478 Forumite
    Locana:
    Sorry to say but the Council would not just send Bailiffs like that. They would had to have taken you to court first. As you didn't mention that I expect that this will have happened without your knowledge and you will now have a CCJ against you. You will need to check this out.


    Thanks for that, but they did. I am looking into why they sent the bailiffs around in the first place, costs, court, etc. It never went to court as I had paid the tax at the beginning of the year. You are as shocked as I am. When the bailiffs came, I asked to see the file which they would not do, and I also asked what was outstanding, which they would not say. All they could say was that the file was given to them on 5 September. My recepit was dated April.
  • iwanttosave_2
    iwanttosave_2 Posts: 34,292 Forumite
    10,000 Posts Combo Breaker
    moneymare wrote:
    And while we're on the subject, I'd like to put another 'myth' to bed.

    Council Tax will normally have a due date, and should payment not be received on that day, the local authority (if it so chooses) has the right to issue a Reminder letter the day after the due date. It so happens that most local authorities will wait 7 - 14 days after due date before issuing reminder letters.

    A common 'myth' I regularly hear is that it is ok to pay Council Tax as long as it is done within the month it is due.......NOT SO.

    The public not only have a duty to pay Council Tax, they have a duty to pay it ON TIME.

    How about when you get told by the office staff in person that it is ok so long as its paid by the end of the month?
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  • Locana
    Locana Posts: 478 Forumite
    rog2 wrote:
    Just a couple of points (I am not trying to contradict any other post on this subject).
    1. Most Councils actually use the local magistrate's court, rather than the county court, and this does not, generally result in a CCJ. From my own experience, though, this process is often quicker - the notification of prosecution usually being issued exactly 7 days after the final demand.
    2. Our local council uses 'in-house' bailiffs - whilst operating under a separate name, they are based at the local council. Could it possibly be that the council were using them as 'Debt Collectors' in your case. You can always check, at the local magistrate's court, to see whether your case was actually taken to court. If not, then your council could be in serious trouble for sending 'Bailiffs' who, legally, can only call after a court judgement.

    Our council do use their own 'in-house bailiffs'. Thanks!
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