Missed council tax payment and summons for non payment

arcon5

CIS wrote: »

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.

Can you elaborate on this?

So the council have summoned op to court, if he didn't pay and attends what happens there and will the result of this attendance affect his credit rating?

I understand a CCJ is on your credit report if unpaid after 30 days... are you saying that it isn't actually a CCJ the council will issue against you on the date of summons ?

CIS

So the council have summoned op to court, if he didn't pay and attends what happens there and will the result of this attendance affect his credit rating?

The granting of the order is pretty much an administrative function - the order doesn't say why you owe the money, just that you do. The order is not noted on your credit record.

I understand a CCJ is on your credit report if unpaid after 30 days... are you saying that it isn't actually a CCJ the council will issue against you on the date of summons ?

Council Tax Regs use a Liability Order from the magistrates court - this order delegates a range of recovery methods directly to the council , unlike a CCJ the council don't have to apply back to the court for each action they take (until they get to bankruptcy, charging order or committal to prison).

NeilF3485

arcon5 wrote: »

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.

Often they aren't concerned about getting the balance in full immediately, just having more options in recovering it at a later date.

For instance they may go through the process, then offer the chance to pay monthly again, if there is then another default, they have more power to recover it - attachment of earnings is a particular favourite.

Other than that I agree with the "rant" bit of your post My council refused to take any of my recycling which was in one of their canvass bags. It had an erroneous newspaper in it, which should have been in the red box (which was sat next to it)! - Drives me mental.

RobertoMoir

CIS wrote: »

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.

I think the majority of people who either pay with little or no problems or fall into the genuine 'can't pay' camp don't see the costs and hassles caused by the 'won't pay / can't be asked to pay' camp, and the effect the latter camp has on how all c'tax debt is viewed.