council tax court summons

dadooronronrondadooronron

Hello
Apologies if in wrong section??
Just looking for advice. Basically we have had a tough year but have come to arrangements with creditors and things bit easier in many ways now. A few months ago my partner's work ended and we had to miss council tax direct debit (it was due to go out of her account and we just had to cancel it as didnt have any spare - this was £160) She immediately wrote to them and explained reason why and informed them that she had set up new work so could reinstate direct debit next montn and asked whether they could add missed payment to remainder of year (Spread out) and if poss extend payments until march. She got a reply saying - yes - new tax bill would be sent and direct debits set up. Got bill in October with new amoutns on and 1st payment went out end October, 2nd end November - no problem. However - this is where the fun starts - we received a court summon (dated 1st December) - didnt receive it until 9th December - stating need to pay £120 & costs by Wednesday 21st Dec. My partner has been trying to get through to council tax office and has emailed them but keeps getting automatic respnse to email acknowledging email but stating will deal with asap. She now thinks would have been best to use old fashioned letter & sent recorded. Anyway - we can pay the £120 but not before Wednesday. We can ring Thursday as I get paid then and we can pay cost too if necessary.

Basic query is - any experts out there who can advise as to whether they can do this when they have arrangement with us and have direct debit set up. I dont even know where they get this figure of £120.

Secondly - the court date is Wednesday 21st. We definitely cant pay it then but can pay it the following day. Will this mean we incur further charges? Are we likely to have a bailiff turn up at the door? What happens after one of these court hearings? Do they just write and inform us of decision - by which time we will have paid anyway.

Sorry if this is confusing- I am confused myself. Any advice - thanks RON

ikati5

Don't panic, You do not need to attend court unless you contest the debt, the court case will go ahead and a liability order will be issued, which basically says you are liable or the debt, you will still be able to make an arrangement to pay it before it is handed to bailiffs.

Should bailiffs be involved, do not answer the door and deal direct with the council not the bailiff. They will pass it back to the council after 3 visits if you do not communicate with them.

http://www.nationaldebtline.co.uk/ These guys are really good for advice.

~_Dragonfly_~

I fully agree and with the bailiffs part have nothing to do with them. Make sure you sort it out with the council while you still can. Years back a family member had this sort of trouble and tried to 'brush it under the carpet' bailiffs got involved and it wasn't pleasant. Plus any money my family member owed was nothing to the charges having the bailiffs involved brought.

Sort it fast and have a nice Christmas.

Red_dog_Sam

You should try to establish the dates the debt relates to.
The position you describe, paying revised inslaments by direct debits for 2 months and then getting a summons for the same debt doesn't seem right as you are keeping to the arrangement. Did the direct debits go through or did they get rejected by the bank? Has the DD been cancelled? Does the summons relate to a different period of charge - an old year or previous property perhaps?
Before you get a summons you would have to get a reminder and not pay it - so maybe that happened before you agreed the new instalments. Once a reminder has been sent and not paid within 7 days you can lose the right to instalments and the Council can go on to issue a summons for the full amount. But it would be unusual to say the least to follow up with a summons when you are already paying by direct debit and the total debt is to be cleared within the year (by end of March 2012). Were the arrangement to take instalments into next year, the council may seek a liability order against the debt so it can take action if you stop paying - but that should've been made clear when the arrangement was made.
Talk to the Council - ask them what period the debyt is for, confirm the date they sent the reminder and ask why the sumons has been sent when you are paying by direct debit. Ask them to withdraw the summons and confirm insalments by dircet debit to clear by the ned of March - they should be able to agree to that.
If they remain difficult but you pay before the hearing then the costs should be withdrawn anyway. Can you pay online using a credit card? - as that will at least delay the payment leaving your account until the card needs paying off which will be after you've been paid.