Missed one council tax payment and now slapped with £110 in charges

hallowitch

once the liability order is granted you will receive a letter from the council (they have 14 days to send this ) give it a week after the date of the summons and e-mail and phone the revenues department asking where it is (hound them for it phone e-mail and every day )

when you receive this letter if you cant afford to pay it in full phone and e-mail the council and ask to set up a payment plan by standing order
http://www.legislation.gov.uk/uksi/1998/295/regulation/7/made
45A.—(1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.
(2) The matters are—
(a)the fact that a liability order has been made against the debtor;
(b)the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;
(c)a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;
(d)notice that if distress is levied further costs will be incurred by the debtor;
(e)the fees prescribed in Schedule 5 to these Regulations;
(f)the address and telephone number at which the debtor can communicate with the authority.”

CIS

Two months later we received a court summons saying we missed a payment and therefore we now have to pay the outstanding £850.00 plus £110.00 in charges. And that's their best offer.

The council are acting in line with the relevant legislation whereas the bank were acting on their own

When I contacted them they said they sent one letter to remind us but I don't remember receiving it. Seems like the council's way of scamming money out of its residents. I should charge them £110 every time their dustmen don't turn up on the correct day.

Only 1 reminder needs to be issued prior to a summons where the reminder has been sent and payment has not been made as shown on the reminder. Failure to make the payment will result in the loss of instalments and the issuing of the summons.

Hmm that's a good question. The total cost for the year is £1,462.03. So far this year I have paid £740.03, so the total amount due should be £722 and not £850. The plot thickens...

I would suspect that you are short on more than 1 payment.

once the liability order is granted you will receive a letter from the council (they have 14 days to send this )

A regulation 36 notice or 'Request For Information Form' can be sent at any point after the granting of the Liability Order although most councils will issue them on the next day.The 14 day requirement in respect of this notice is for the provision of the request informtaion.

The council must also give 14 days notice prior to using a bailiff to recover the balance due. This notice is usually combined with the Regulation 36 notice.

BaconLove

I had another look at the letter and I had got the amount wrong. It was actually £678 + £110 charges, but in the email from the council it said £850. Plus I paid another monthly instalment of £172 before I received it so it's actually £506 outstanding. Confusing.

I requested more information about their charges but as of yet they have not got back to me.

BaconLove

Got another email from them saying the following:

As previously advised by my colleague the Summons costs of £110.00 are set in agreement with Her Majesty's Court Service (HMCS). The same amount is requested by all customers who have been summonsed for non or late payment of Council Tax.

The Summons costs are used to pay towards the services provided for the community, these include areas such as:
- vulnerable children and education
- social care
- community safety
- recycling and environment
- leisure services
- improvement to access to services

The Summons has correctly been issued and will not be withdrawn. The costs of £110.00 will remain payable.

I'm so angry. This is absolutely unbelievable. How is this legal???

CIS

Its quite legal - if payment is not made as required then a Summons can be issued and costs charged.

You can dispute the costs with court if you wish at the Liability Order hearing.