Missed council tax payment and summons for non payment

shaun_from_Africa

It would be interesting to know just what proof of posting the council keeps.

The thing is that legally they don't have to keep any proof. If they state that a letter was sent then it is up to the intended recipient to prove that it wasn't received. (quite how this is meant to be done is beyond me).

This is covered by the "Interpretations act 1978" and basically it states that a correctly addressed and paid letter is posted then it is deemed to have been received unless it can be proven otherwise.

7
References to service by post
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

carpangler1

Reading up on the legal link earlier it seems I am a bit shafted by the council and will have to pay the remaining amount for the year when I receive the bill later this week. I still can't beleive they can legally only send one reminder and then clobber me for the outstanding amount due to a missed payment. I beleive I don't have to go to court as I paid the missed payment immediately I found out about it, but I still lose the right to monthly installments. I don't think anyone has yet clarified the position of the council only sending one letter and can then issue the summons. It was mentioned by a collegue of mine that they believed they should send a reminder, a red letter and then the court summons. With regards the actual law on this I cannot find anything that clarifies it. I guess this leaves it that if someone accidently misses a payment, the lender (council in my case) can then do what they want, and say they have sent a letter. Also, I am astounded that the council inist they cannot send me a copy. I've no doubt one was sent and it was lost in the post. Sods law it was that letter. But for my records I would like a copy and must be entitled to it, but apparantely not. If we had a choice of councils, like we do utilities, I would switch yesterday and vote with my feet.

CIS

I don't think anyone has yet clarified the position of the council only sending one letter and can then issue the summons

Council Tax recovery is covered in the Council Tax (Administration & Enforcement) regulations 1992 (namely regs 23 and 34) - for the 1st missed instalment a Reminder is issued. After the reminder you 7 days to make the missed instalment to keep the right to instalments or a further 7 days to pay in full. Failing that the regulations allow a Summons to be issued.

carpangler1

Yep - that's basiclly what has happended in my case due the letter not actually arriving. If this was any other industry there would be some regulatory body to oversee it and this practice would not be allowed. It seems the council tax rules don't favour the punter for genuine mistakes, but there mistake (call it want they want) on ensuring I get the letter (blame royal mail in there case) and they don't want to know. My guess is I now have to accept that I will be paying in full in the next week and it's not worth arguing. Now if I wasn't in a position to pay then who knows where it would end up. The message here is don't ever make a genuine mistake with council tax or you pay dearly. Out of curisoity I will read the council report on debt owed on council tax (it will be in the blurb they send), as there should be none. If there is, how are people genuinely avoiding paying. They should be after these people and not easy targets like myself.

CIS

Out of curisoity I will read the council report on debt owed on council tax (it will be in the blurb they send), as there should be none. If there is, how are people genuinely avoiding paying. They should be after these people and not easy targets like myself.

The granting of a liability order allows the council to recover the money but its a difficult job - send a bailiff and people dont open the door, try bankruptcy and the costs cost the council (and the balance is written off), try a charging order and you can be waiting years, go for committal to prison and the magistrates refuse + it costs £250+ just to start the proceedings.

In my authority we have 5 staff working full time to recover the money due but you cant physically force people. In my opinion we need more powers for the persistent non-payers with large balances - affecting their credit rating would be a start.

arcon5

If they took you to court and demanded the whole year in full --- how on earth can they inforce it?

If you don't have the money what can they do? !!!!!! all!!!

It's in their interest to allow you to continue paying monthly.

Quite simply I find it ridiculous they think they have a right to demand full payment IN ADVANCE. Not even the HMRC demand this as you can request to opt out of account payments!!

They are an utter disgrace!!

Worst of all they are useless!! Our recycling bin should have been taken on Wednesday -- bins still outside full waiting to be collected -- i'm half expecting a fine for obstructing the pavement soon!! It's not the first time either!! (although they did provide us with a replacement bin free, quickly last monthy -- but that doesn't make up for the fact this has been the second time in the last 8 weeks they haven't collected the bins! -- maybe we could sue them for breach of contract?!)

This isn't legal advise btw op, just an opinion/rant. I absolutely hate the council

carpangler1

It does sound like the rules need sorting for the persistant offenders. Doesn't help me as I have never been in debt in my life and always pay on time (except that one installment!). Will await the reply to my letters to see if they relent and allow me monthly payments again, but to be honest I doubt it. It was interesting to find out that non payment of council tax does not affect credit ratings (it even says so on the summons). I would have thought it would, especially for persistant, deliberate non payers. However, to these people I can't see it making any difference. To CIS, do you have any discretion where you beleive a genuine mistake has been made. It would appear my council has none whatsoever.

carpangler1

To arcon5, don't get me started on that one. I totally agree that if they don't empty my bin I should get a refund for breach of contract :-).

CIS

It was interesting to find out that non payment of council tax does not affect credit ratings (it even says so on the summons). I would have thought it would, especially for persistant, deliberate non payers

Only if they are made bankrupt - I believe it should be an option for councils to lodge a credit default.

Technically council tax cases can be held in a court of competent jurisdiction e.g the county court where a CCJ could be used against a persons credit rating but its not covered specifically in council tax legislation and would be too costly in most cases.

To CIS, do you have any discretion where you beleive a genuine mistake has been made. It would appear my council has none whatsoever.

We do in my authority , within reason, but in 99.9% of cases like yours I wouldn't have any authority to do so (and I have more relevant authority than 90% of the staff). It would have to be authorised at a higher level.

CIS

Quite simply I find it ridiculous they think they have a right to demand full payment IN ADVANCE. Not even the HMRC demand this as you can request to opt out of account payments!!

Blame those who wrote the legislation