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Council tax summons

I was looking for a bit of advice if anyone can help, forgive me if i sound a bit thick but maybe some of you might know more about this...

We have been on JSA since last september when my partners job was terminated. He had been on a three month work trial during which we were on tax credits and paid our rent and council tax every week as we werent entitled to HB and CTB at that time.

When partners job ended on 10th sept we went straight onto JSA and got HB and CTB. Thought nothing more of it until last week we recieved a summons for £100 council tax which was apparently still oweing from last year (plus £50 costs) there were no warning letters, if there had been then i would have made arrangements to repay the debt already!
So now it seems to have gone straight to court, the court date is early Feb. My question is...we cannot afford the whole amount all in one hit, as we are already paying back a JSA overpayment that wasnt our fault.
If i phone up the council offices will they accept payment in weekly installments? What kind of amount should we offer that they would see as realistic? Or have the council got no say now and we have to let it go to court and make a repayment plan with them? Is it best to phone or make an offer in writing?

Any help and advice greatfully recieved.

Comments

  • Phone the council offices, tell them the situation and ask for a copy of the original arrears letter.
  • fluffymovie
    fluffymovie Posts: 1,417 Forumite
    Part of the Furniture Combo Breaker
    Normally you will have had a bill, reminder and summons.

    CIS is the Ctax recOvery expert but in my experience, the LA will go to court to get a liability order and when they have thus, be more open to making an arrangement. However, if you contact and can make a payment plan to clear the arrears before the start of the next financial year, you may be able to do that and pay in instalments
    I currently manage a Housing Benefit service and have been working in Housing / council tax benefit (as was) since 2001.

    All views expressed in my posts are my own opinions and do not necessarily reflect those of my employer.
  • if it did goto court im guessing the court would see you cant pay in full and order regular payments anyway!
    You can't beat an egg.........................NO WAIT!
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    if it did goto court im guessing the court would see you cant pay in full and order regular payments anyway!
    The court have no powers to intervene regarding payments (unless you get to the committal to prison stage).


    When partners job ended on 10th sept we went straight onto JSA and got HB and CTB. Thought nothing more of it until last week we recieved a summons for £100 council tax which was apparently still oweing from last year (plus £50 costs) there were no warning letters, if there had been then i would have made arrangements to repay the debt already!
    You would have received a demand notice and at least 1 reminder before a summons can be issued. If you think these have not been sent then you need to speak with the council.
    If i phone up the council offices will they accept payment in weekly installments? What kind of amount should we offer that they would see as realistic? Or have the council got no say now and we have to let it go to court and make a repayment plan with them? Is it best to phone or make an offer in writing?
    If your on JSA then I would be looking at a starting point of £10 per week and then negotiate from their. If a payment arrangement cannot be agree then the council do have the option of taking it direct from your JSA at £3.30 per week if they wish to.

    At this stage unless you can clear it by the court date then they will still apply for the liability order, even if you make an arrangement, in case of any future default. Each council has their own policies on making arrangements so you need to speak to them directly.
    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.
  • skintas_2
    skintas_2 Posts: 1,679 Forumite
    i went to court b4 xmas, i didnt have to go before the judge, just explained why i didnt make payments, and agreed to pay so much a week back. £50 cost doest sound to bad mine was £114, good luck
    i will be debt free, i will
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    £50 may just be the summons costs - most councils will split the costs and apply seperate costs for the summons and the liability order issuing.
    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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