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Council tax summons

While not drinking cups of tea and sharpening pencils, the leeches at north herts district council have found time in between sick days to send me a court summons for apparently going *15 days* overdue on an installment - no reminder letters as apparently they send me a couple in january, and they "only do 2 reminders a year" - to "keep my council tax down" apparently and rather patronisingly.

I phoned up to clear the entire outstanding balance - and possibly rather foolishly the £70 court summons, which they said had to be paid regardless.

Does this really have to be paid if the entire amount is settled? - £70 seems excessive for 1 letter, as the banks have recently found out.

Does anyone know the legal status of this?

Comments

  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    You are not just paying for a letter. The council have paid out to start the courts procedure. So no, £70 is not excessive at all.
    Gone ... or have I?
  • heathcote123
    heathcote123 Posts: 1,133 Forumite
    dmg24 wrote:
    You are not just paying for a letter. The council have paid out to start the courts procedure. So no, £70 is not excessive at all.

    Any idea how much this actually costs them?

    What really struck me as strange is that there are 2 people here registered to pay the tax, and we both got a summons - but they said we only had to pay one.

    Which leads me to think if they *really had* paid anything, they would have insisted on both.
  • newlywed
    newlywed Posts: 8,255 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It's a joint claim. Both are liable for the entire amount of the summons, so they issue it to both to try and recover the money from either of you. But because it's really one joint summons there is only one court fee, just two sets of papers delivered ;)
    working on clearing the clutterDo I want the stuff or the space?
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Where does the £70 fee come from? if you look HERE it gives the Court fees which depend on what you are being sued for,and none of them are for £70
    Don`t steal - the Government doesn`t like the competition


  • Bossyboots
    Bossyboots Posts: 6,756 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    derrick wrote:
    Where does the £70 fee come from? if you look HERE it gives the Court fees which depend on what you are being sued for,and none of them are for £70


    Thats because you have linked to the county court fees and this will have been issued in the magistrates court which has its own fee scale and the £70 will include the costs to the council for its staff spending time making the complaint and dealing with the paperwork.
  • I have often wondered where councils get their figures from. Why don't we all start posting the costs from each area for each summons, liability order etc so we can compare? Surely it should be a similar amount for each area (like speeding fines)- or do court costs vary from region to region? Where I live I think it is about 60 quid for a summons and 60 quid for the actual liability order but I will check and report back. What do you think everyone?
    Also this charge does annoy me as it seems to hit people on the fringes of benefits etc - i.e. if you are on benefits you get your council tax paid for you, if you are doing fine you can usually pay each year with no problems but if you lose/ get a job/separate or whatever during the year and fall into arrears you seem to get hammered!!!
    :rotfl: :rotfl:
    Quite keen moneysaver......
  • heathcote123
    heathcote123 Posts: 1,133 Forumite
    Thanks for the input, I guess I just bend over and take one for team UK then!

    At least I shall sleep better in the knowledge that I paid a diversity coordinator for an hour or two.

    Cheers :)
  • Bossyboots
    Bossyboots Posts: 6,756 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I have often wondered where councils get their figures from. Why don't we all start posting the costs from each area for each summons, liability order etc so we can compare? Surely it should be a similar amount for each area (like speeding fines)- or do court costs vary from region to region? Where I live I think it is about 60 quid for a summons and 60 quid for the actual liability order but I will check and report back. What do you think everyone?
    Also this charge does annoy me as it seems to hit people on the fringes of benefits etc - i.e. if you are on benefits you get your council tax paid for you, if you are doing fine you can usually pay each year with no problems but if you lose/ get a job/separate or whatever during the year and fall into arrears you seem to get hammered!!!

    There is a Magistrates Court Fees Order which means that every magistrates court in the country will be charging the same fees. However, the council can add their own costs so that is the figure to compare.

    These are the current fees.

    Council tax and rates

    5.1 Application for a liability order £3

    5.2 Complaint (or application) and summons £ 25

    5.3 Warrant of arrest £ 25

    5.4 Commitment order £ 40
  • The cost of a summons in Stockton on Tees is £35.
    The summons is issued by the council themselves not the magistrate court. Although it bears the Courts name. i.e. Teesside Magistrates Court.
    If you have a quiery, the magistates court staff will not deal with it. but refer you to the council who issued the summons.
    There is no defence allowed in law.
    The hearing is not public, breaking right to a fair hearing and Human Rights Law.
    Justice must not only be done. BUT BE SEEN TO BE DONE!
    The Magistate cannot do anything other than issue a Liability Order.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The magistrate can refuse to issue a libailiy order, a peson can turn up at court and ask to be heard at the appropriate time - but their are very few legitimate reasons why a liability order wont be issued ( I dont have the list with me)

    Quick summary here
    http://www.canterbury.gov.uk/cgi-bin/buildpage.pl?mysql=24
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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