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Council Tax Summons

Hey guys,

The answer to this might be a resounding "no, don't be silly", but I thought it might be worth a shot.

Thanks to my pay rota (I get paid 4 weekly, and thus it falls on different days every month) which means sometimes I'm late paying my council tax. Eventually, I pay up in full and have never really been "in arrears" for a substantial time.

Anyway, after a notice warning that my right to pay in installments was going to be revoked. I emailled the council to explain that I had difficulty in paying. They sent a final notice on the 10th November (thurs), and I emailled on the 11th November (fri) and received the letter on the 14th (mon), by which time they should've received my email.

They continued to process the summons on what must've been the 18th Novemeber (as my deadline was the 17th), without any response.

It almost appeared as if they waited until after the deadline to provide me with a "solution" which I received today.

Any advise will help! Any "Legitamate Expectation" comes into play?

Thanks!
Jordan

Comments

  • Carl31
    Carl31 Posts: 2,616 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Ring the council and ask to change the day youre due to pay, they dont mind when you pay, just as long as you do and on time
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Anyway, after a notice warning that my right to pay in installments was going to be revoked. I emailled the council to explain that I had difficulty in paying. They sent a final notice on the 10th November (thurs), and I emailled on the 11th November (fri) and received the letter on the 14th (mon), by which time they should've received my email.

    They continued to process the summons on what must've been the 18th Novemeber (as my deadline was the 17th), without any response.

    It almost appeared as if they waited until after the deadline to provide me with a "solution" which I received today.

    Any advise will help! Any "Legitamate Expectation" comes into play?

    The "Legitimate Expectation" in law is that you pay as instructed until you are issued a council tax demand stating otherwise. It sounds like they have taken in line with legislation therefore its down to their goodwill as to whether they will withdraw the summons. A difficulty in paying is not a defence against the issuing of a summons.

    Very few councils will reply within 3 days, the staff cutting that has gone on means that most are running on 10-14 days turnarounds at the minimum.
    Ring the council and ask to change the day youre due to pay, they dont mind when you pay, just as long as you do and on time

    Many councils will not move from the statutory instalment date on the 1st of the month.
    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.
  • In my area, there is a choice of payment dates with monthly and weekly options too so you might be able to switch to a schedule that better suits you.
    It seems like you ned to change your approach to paying Council Tax as if you stick to your own pay days you're likely to go through the same cycle year on year. See what dates the Council can offer. Some will withdraw a summons before the court hearing if you sign up to Direct Debit. You may need to chane your monthly budgeting to hit the right date but it could save you those summons costs usally in the £60 region so worth trying. Nonetheless, as suggested already, this will be dependent upon where you live and the goodwill of the Council. Ring them before the court date.
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