Council Tax Demand - Account in Dispute

jackkimb

Hi guys.

I was wondering whether anyone knew what the position is where an account is in dispute (appeal to LVT having been referred back to collecting council for failing to deal with my initial complaint), and a demand for payment made. I have the usual threat of summons if non-payment within 10 days etc. Can I legally resist payment on this basis, or will it not ground a good defence where council tax is concerned?

Thanks,

Jack.

lincroft1710

You should pay the bill and if there has been an overpayment it will be refunded to you. What is the dispute about?

jackkimb

An entitlement to exemption for the period in question.

Do I have to pay if the account is in dispute?

lincroft1710

If you don't, the council will probably apply to magistrates' court for a liability order and if you then don't pay, expect the dulcet tones of a bailiff knocking at your door.

There is a possibility that the council may allow payment to be deferred until the dispute is settled, but I wouldn't count on this.

CIS

Do I have to pay if the account is in dispute?

Simple answer is yes, legally the last demand notice which you were issued with remains valid until an amended one is issued.

Complicated answer is yes but (as lincroft has pointed out) the council may hold action in the meantime until the dispute is dealt with.You may have a valid defence against the order but without knowing what the dispute is its hard to say.

The Council Tax regulations don't specify that an account has to be held whilst its under dispute otherwise people would continually dispute the charge in order to stall action.