Council tax Summons after paying the full years balance

amphibian_2

Hi all, I wonder if you can advise us?

We missed our December payment of council tax whilst we were waiting for our tax credit claim to be backdated. In January we received a court summons for the remaining 2 months of council tax due for this financial year. As stated clearly on the previous letters we lost the right to pay in installments and were asked to pay the full balance plus costs of £25.

The letter also clearly said that if we set up a direct debit to clear our council tax then the £25 costs would be waived. With only 2 months of council tax to pay we decided it was best to settle the bill in full rather than set up installments. Obviously we assumed that because we settled the outstanding council tax in full by a one off direct payment by internet banking, we were actually going one better than ringing them to arrange a direct debit.

Now we have received a summons and asked to pay a further £70 in costs (£95) in total because we didn't pay the extra £25!

This seems contradictory. How could we set up a direct debit for a one off payment. In law a direct debit is payments in regular installments, something that we had lost the right to do. This is made very clear on previous warning letters and on all council websites across the country including our own (Brighton and Hove)

Also, on the reverse of the court summons it lists payment options of:

Debit Card payment
Internet payment
Credit card
Paying in person
Paying by post

It doesn't even give direct debit as an option?

Surely we did the only right and reasonable thing, why have they not waived the £25 and do we have a case if we go to court.

If we do go to court and lose, is the £95 all we will be liable to pay?

Many thanks for any advise anyone can offer.

ohdamnit

amphibian wrote: »

Hi all, I wonder if you can advise us?

We missed our December payment of council tax whilst we were waiting for our tax credit claim to be backdated. In January we received a court summons for the remaining 2 months of council tax due for this financial year. As stated clearly on the previous letters we lost the right to pay in installments and were asked to pay the full balance plus costs of £25.

The letter also clearly said that if we set up a direct debit to clear our council tax then the £25 costs would be waived. With only 2 months of council tax to pay we decided it was best to settle the bill in full rather than set up installments. Obviously we assumed that because we settled the outstanding council tax in full by a one off direct payment by internet banking, we were actually going one better than ringing them to arrange a direct debit.

Now we have received a summons and asked to pay a further £70 in costs (£95) in total because we didn't pay the extra £25!

This seems contradictory. How could we set up a direct debit for a one off payment. In law a direct debit is payments in regular installments, something that we had lost the right to do. This is made very clear on previous warning letters and on all council websites across the country including our own (Brighton and Hove)

Also, on the reverse of the court summons it lists payment options of:

Debit Card payment
Internet payment
Credit card
Paying in person
Paying by post

It doesn't even give direct debit as an option?

Surely we did the only right and reasonable thing, why have they not waived the £25 and do we have a case if we go to court.

If we do go to court and lose, is the £95 all we will be liable to pay?

Many thanks for any advise anyone can offer.

Suspect the issue is that if you setup a direct debit it will continue to be paid after this. i.e for next years c tax, and that is why they knock you £25 off

amphibian_2

hmm, I hear you.

However, we haven't been billed for next year yet and for all they know we might be moving before March. Why would we set up direct debits for something we don't even owe yet? It seems like we are being persecuted even though we did the only reasonable thing to settle our bill.

We are on a very low income yet both have degrees. If the ambigious wording and contradictory information supplied on the court summons confused us, the council must be extorting huge amounts of cash from low income families who are less able than ourselves to decipher these letters. It's an absolute disgrace. We feel persecuted quite frankly even though we made every effort to do the right thing.

We just made another direct internet payment to cover the £95 as we are not confident that the council won't start adding more mysterious charges. We will make a formal complaint about it and see if we can get it refunded.

Anyone else had a similar experience?

woozywendy

Have you been late in paying any other instalment? I was late with one instalment and the letter said something like after a second late payment you lose the right to pay by instalments. Setting up a direct debit now would have continued into the next financial year as ohdamnit says.

CIS

We missed our December payment of council tax whilst we were waiting for our tax credit claim to be backdated. In January we received a court summons for the remaining 2 months of council tax due for this financial year. As stated clearly on the previous letters we lost the right to pay in installments and were asked to pay the full balance plus costs of £25.

They agreed to waive the costs if you set up a Direct Debit for payments not if you jut paid the council tax in full.

When a summons is issued most authorities will charge costs at that point in addition to the outstanding council tax charge.They are free to waive costs at their disretion.

If the costs and council tax are not paid in full by the court date then they can obtain a liability order from the magistrates court even if , as in your case, you believe you have paid the council tax in full .

The council will generally recover the costs in full first from any payment made which means that its actualy £25 council tax due outstanding and not £25 costs.

We just made another direct internet payment to cover the £95 as we are not confident that the council won't start adding more mysterious charges. We will make a formal complaint about it and see if we can get it refunded.

There are no further costs to be added. What they did was legal.

If the ambigious wording and contradictory information supplied on the court summons confused us, the council must be extorting huge amounts of cash from low income families who are less able than ourselves to decipher these letters. It's an absolute disgrace. We feel persecuted quite frankly even though we made every effort to do the right thing.

They have taken recovery action in line with statutory legislation. It costs the council to chase payments and they will recover the costs incurred from those who pay late (otherwise everyone else pays for this) - most charge more than £25.00 at this stage.

You can complain and ask them to waive the £25.00 fees but they dont have to and it would be at their discretion.