Council tax summons

heathcote123

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?

dmg24

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.

heathcote123

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

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

derrick

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

Bossyboots

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.

the_other_mce

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!!!

heathcote123

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

the_other_mce wrote:

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

blondybutterkiss

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

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