Court Summonds for unpaid c/tax

beasygirl

We have recently been sent a court summonds for unpaid council tax, my husband has been out of work and looking for a job for the last year and we have been making token payments as and when we can to them.

We had a letter through saying we must pay the full amount of £981 by the 24th January or turn up in court.

As it happens my husband started work the day we received the summonds, and we are now in a better position to pay it off in full, although it will leave us short for the rest of January and February

My question is, what would happen if we could not pay in full and have to go to court. My husband is thinking about attending court, but as the arrears are in both our names I was wondering if I would HAVE to attend too.
I would prefer to struggle for the next few months and pay it in full by the 24th, my understanding would be that we would not have to start making payments again until April.

Is there anyone with a similar story or can tell me what to expect?

Thanks in advance

RAS

Have you attempted to claim Council Tax Credit?

beasygirl

Throughout the entire time my husband was out of work we haven't claimed anything, only child benefit. It was not supposed to be a long term thing, and I think there was a sense of pride with my husband that prevented him making any claims for housing or council tax benefit.

The council have been fully aware of our situation, my DH is actually now working for them, so for the last 2 months whilst they messed him around with training and tests. He was on the phone to them constantly saying I can pay you, when you full your finger out and get everything sorted your end so I can go out to work.

Hence, why he wants to go to court as he feels he has a legitimate reason why the council tax was not paid in full.

Thanks for your response.

RAS

It will not make a blind bit of difference if he goes to court.

You might just get some sense if you both go and talk to your councillor and ask for help.

Otherwise, expect the bailiffs.

beasygirl

I thought this might be the case.

Looks like we'll be paying it in full before the 24th and having a tight couple of months

Thank you Ras.

RAS

The sensible thing would be to apply for the benfits for which you are eligible whioch might get out of a hole.

fatbelly

The liability order merely affirms the amount owing. There's no point attending court unless the figures are wrong. However, you should:

1. Claim CTB if you are entitled, as RAS has been saying

2. set up an instalment arrangement with the Council BEFORE they pass the liability order to their bailiffs.

It may be possible to get them to add this to next year's bill and spread it over 15 months, starting payment this month

dancingfairy

Frankly all the judge is going to be interested in is whether you are Mr and Mrs X, do you owe the amount and have the council billed you correctly - 99.9% of the time they will not listen to any reason/excuses/mitigating factors etc as that is not really their job.
You need to sort it before you get extra costs - unless you are exceptionally lucky (and get an arrangement with the council before then) you will have to pay the court costs as this is standard practice, you will also then likely face bailiffs which will incur more charges unless you can get an arrangement with the council - basically the longer you leave it the more charges you are going to get and the stress of having to deal with the bailiffs as well.
df