missed 2 months council tax, £35 court charge

busterkeye

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busterkeye

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hcb42

you havent got the right to pay it when you want...you have to pay it in full or in instalments as laid out, and if you miss the payment dates you lose the right to pay in instalments pretty quickly

It's definitely not a human rights issue...!

Pay the three months now, and if you can show some evidence of having posted it etc, perhaps they can waive the charge and still allow you to pay on instalments.

(Ours wasn't going out recently, although lived here five years) If you dont keep up on paying CT you lose the right to pay in instalments. Our bank said they had never attempted to take the money, and we got letter after 2 - we spoke to CT department who were able to confirm that they hadnt attempted to take it for some reason so they took one month immediately and said we could pay in month 11 for the final payment, instead of month 10 - which was a more than fair proposal from them we thought!)

gordikin

Council tax is due yearly in advance. You are offered the opportunity to pay for it monthly...if you fail to do so it can be due immediately...no rubbish. Sort it ASAP for your own sake as it's the most unforgiving bill you'll find.

HappyMJ

gordikin wrote: »

Sort it ASAP for your own sake as it's the most unforgiving bill you'll find.

I think the most unforgiving bill is forgetting to top up the prepayment meter. Run out of electric and everything goes off. No more heat, no more cooking, no light, no internet. eeekkk that's much worse than some threats from bailiffs.

CLAPTON

HappyMJ wrote: »

I think the most unforgiving bill is forgetting to top up the prepayment meter. Run out of electric and everything goes off. No more heat, no more cooking, no light, no internet. eeekkk that's much worse than some threats from bailiffs.

a good point

although you can't go to jail for refusing to top up a prepayment meter, but our foolish OP can end up in jail if he insists on standing on his 'human rights' to short change his fellow council tax payers

HappyMJ

CLAPTON wrote: »

a good point

although you can't go to jail for refusing to top up a prepayment meter, but our foolish OP can end up in jail if he insists on standing on his 'human rights' to short change his fellow council tax payers

True. I'm sure the OP will see sense when the judge eventually hands down a suspended 30 day sentence. How many people actually go to jail for unpaid council tax? I don't think it's that many. Don't they go for deductions from earnings/benefits or bankruptcy first after the bailiffs have failed collecting the debt?

gordikin

HappyMJ wrote: »

I think the most unforgiving bill is forgetting to top up the prepayment meter. Run out of electric and everything goes off. No more heat, no more cooking, no light, no internet. eeekkk that's much worse than some threats from bailiffs.

You're comparing apples and oranges..both fruit but different....I was almost with you until 'no internet'...sorry.

RuthnJasper

CLAPTON wrote: »

a good point

although you can't go to jail for refusing to top up a prepayment meter, but our foolish OP can end up in jail if he insists on standing on his 'human rights' to short change his fellow council tax payers

I agree. I have gone without heating and lighting before now when times have been REALLY tight. But I ALWAYS make sure that I have the rent and Council Tax covered before anything else every month. The law on Council Tax, as far as I'm aware is crystal clear.

Were the shoe of the other foot, so to speak, I am sure that the Council would soon be in a great deal of hot water if they applied the same rule - e.g.

because it must be my human right to pay this bill when I see fit as long as it's in the 10 month period

- so Council then say

because it must be our civic right to empty the bins, send Police/Fire crews out on 999 calls, sweep the streets, empty the dog-poo bins in the park, etc., when we see fit as long as it's in the 10 month period...

Everyone, surely, knows the form on Council Tax? I mean, it's not like it has suddenly sneaked up on anyone from out of the blue!

When I first moved into my home, it was the first time I had lived alone and out of my parents' care. I have been extremely ill in the past, and continue to be on a high dose of prescribed medicine. But I don't believe that I deserve to use that as an excuse for not meeting my obligations. I did, in my first month of living alone, make a basic mistake with Council Tax payment. However, I contacted the Council as soon as I realised what had happened and they were more than happy to have me pay back the one month's-worth of arrears over my monthly direct debits.

I am sorry for you OP - and I do sympathise. It isn't a happy situation in which to be - but you ought to have done your best to sort this out with the Council before accruing so many arrears and a penalty charge. Did you not notice that the money had not been taken from your bank account?

Good luck - but I think the Council might be in the right on this one. x

HappyMJ

RuthnJasper wrote: »

I agree. I have gone without heating and lighting before now when times have been REALLY tight. But I ALWAYS make sure that I have the rent and Council Tax covered before anything else every month. The law on Council Tax, as far as I'm aware is crystal clear.

Good luck - but I think the Council might be in the right on this one. x

Wow...they sure have scared you into paying. I am saying what I am saying due to personal experience I have over 6 years of council tax bills that have not been paid. They have pretty much given up trying to collect. I just don't have anything to give. The court has agreed with me that food, electric, gas, phone and internet come first. I need the internet to earn some money and therefore need the electric and phone.

CIS

anyone else had this rubbish? and where can I go from here? courts of human rights? because it must be my human right to pay this bill when I see fit has long has its in the 10 month period.

As you've been advised already the bill is due in full at the start of the year although there is a statutory right to instalments as per schedule 1 of the council tax (administration & enforcement) regulations 1992.

This right to instalments is lost if payment is not made as shown on your council tax demand notice.

By trying to make a martyr out of yourself you will incur further costs. Once the Liability Order is granted then the council have no obligation to agree a payment arrangement with you. Providing they give 14 days notice the council can issue the account to a bailiff as soon as it gets to 14 days past the liability order date.

I rung them and was told because I have missed 3 months and not replied to my reminder (I didnt get one) I have to pay the £35 no matter what

You would need to prove that the council didn't send it.

5 x £35 = £175 thats what I would have to pay if I miss every 2 months if I pay all my tax up front would I get a reduction???????

A reduction can be given by the council but why would they ?. If they do then the rest of the council tax charge has to increase to cover the shortfall.

You only get charged 1 lot of summons costs for the year so you wouldn't have to pay repeatedly (there are some cases where multiple summons can be issued for 1 year but not in your case).