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Council Tax help please

We have this morning received a council tax summons for the cost of £331.31 + costs of £60.00, we are not sure why...........we are up to date with all our monthly payments, and they are now requesting the full amount by 1st december, we were two weeks late with one payment, but it was paid within the correct month this was due to me being hospitalised. not sure why we have had a summonds can anyone advise or help please

Comments

  • Beetlemama
    Beetlemama Posts: 1,153 Forumite
    Eighth Anniversary Combo Breaker
    For what period is the bill? it should say on it from-to so you can check it is this year, also make sure it's for the correct property, so it's not an old bill they're chasing you for.

    With regard to the summons, if this is for 2011/12 and you believe you are paid up to date, you will have had a reminder for the missed payment (that you later caught up) and I expect a Final Notice - at the point the final notice was issued, they will have removed your ability to pay by installments and issued you a full bill for the remainder of the year, payable by a date specified on it.

    Most likely you are going to say you didn't receive these and you didn't know there was a problem, the council tax office aren't that interested in that since every one says that, their legal obligation is to send them out to your last known address (if you haven't moved, your current address).

    I would contact them on Monday and ask them to check the account so they can see it's up to date - the summons would have been issued correctly if the reminder was sent and the Final Notice and you did not clear the balance, but they will often remove the summons if they can see the account has been brought up to date and you state you did not receive the final notice, and you are willing to set up a payments by direct debit.

    They dont have to, but it's kind of hard to go into court with a paid up account and tell the magistrate that the customer is not paying their bill and they need a liability order to recover the money.

    Make sure you are up to date though, usually if you don't pay by Direct debit they want it by 1st of the month, so I would expect you to be able to show you have made 8 payments of the correct amounts April - November 2011.
    "There is no substitute for time."

    Competition wins:
    2013. Three bottles of oxygen! And a family ticket to intech science centre. 2011. The Lake District Cheese Co Cow and bunny pop up play tent, cheese voucher, beach ball and cuddly toy cow and bunny and a £20 ToysRus voucher!
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    We have this morning received a council tax summons for the cost of £331.31 + costs of £60.00, we are not sure why...........we are up to date with all our monthly payments, and they are now requesting the full amount by 1st december, we were two weeks late with one payment, but it was paid within the correct month this was due to me being hospitalised. not sure why we have had a summonds can anyone advise or help please

    Being 2 weeks late may be the answer, if the council were quick on a reminder and you didn't pay within 7 days then the full years balance becomes due. Fail to pay that and a summons is issued. The fact payment was later made in the same month would not prevent this happening.

    The only way to find out why the summons was issued is to speak with the council and ask them until then we can only give you possible reasons - the one I've given above seems the most plausible at the moment but there are many other possible reasons.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Surely you get more contact from them before an actual summons that the amount is owed, ie reminder, final demand, etc
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Hi thanks so much for your response, we did receive a letter saying we had lost the right to pay monthly but have not received any other form of communication from them (this is not a lie its the truth), but we are completely up to date with the full amount except the next two months installments one due 1st dec (when we are to appear in court for the summonds) and the installment for January. our installments are normally £138.00 and I have been paying £140 per month, I do however admit they have not been paid on the 1st of the month because we dont get money until about the 8th hence the late payments, but every single month they have been paid and the summonds is for this year 2011/2012 thanks again for your help in this
  • scattyaly
    scattyaly Posts: 6 Forumite
    edited 12 November 2011 at 3:25PM
    honestly...................we have not received reminders or anything of the sort and no final demand, I am really confused, I am willing to pay, and do pay monthly, also does anyone know if i pay before the date of 1st December, does this mean I still have to pay the £60.00 summons fee??
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Surely you get more contact from them before an actual summons that the amount is owed, ie reminder, final demand, etc

    The minimum is 1 demand and 1 reminder. They documents have to been issued before the summons - note that they as long as they are posted then the council have issued them correctly even if Royal Mail dont deliver them.
    Hi thanks so much for your response, we did receive a letter saying we had lost the right to pay monthly but have not received any other form of communication from them

    This sounds like a final notice.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • oh poo just going though all my paperwork, in case thankks again for your help
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    scattyaly wrote: »
    Hi thanks so much for your response, we did receive a letter saying we had lost the right to pay monthly but have not received any other form of communication from them (this is not a lie its the truth), but we are completely up to date with the full amount except the next two months installments one due 1st dec (when we are to appear in court for the summonds) and the installment for January. our installments are normally £138.00 and I have been paying £140 per month, I do however admit they have not been paid on the 1st of the month because we dont get money until about the 8th hence the late payments, but every single month they have been paid and the summonds is for this year 2011/2012 thanks again for your help in this


    well
    if the payment is due on the 1st and you pay on the 8th then you have lost the right to pay monthly

    I'm afraid you need to re-organise your finances so you pay on time each and every month
  • Beetlemama
    Beetlemama Posts: 1,153 Forumite
    Eighth Anniversary Combo Breaker
    scattyaly wrote: »
    we did receive a letter saying we had lost the right to pay monthly

    This was what they call a "Final Notice" - if you read it, it's going to say something like your full balance is due within 14 days and you can no longer pay by installments.

    Move to the second part of my first answer, contacting the council and asking to go on DD. They might, but then again they might not.

    The next step if they don't is to agree a repayment plan (summonsed arrangement or special arrangement) - which is pretty much just like paying your installments but includes the costs too.

    I'm not sure what the charge will be, you said you'd been paying £140 a month and your insm was actually £138, which would leave two installments (Dec/Jan) being £138 x 2 = £276 (minus the 16 you have over paid = £260) - but you said the bill was £331.31 plus £60.00 costs. There might have been arrears from a previous year and if you are not paying the amount as billed, it's likely your first payment went to pay off an old debt, but I would have expected you to be summonsed before November if that were the case.
    "There is no substitute for time."

    Competition wins:
    2013. Three bottles of oxygen! And a family ticket to intech science centre. 2011. The Lake District Cheese Co Cow and bunny pop up play tent, cheese voucher, beach ball and cuddly toy cow and bunny and a £20 ToysRus voucher!
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