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council tax

today me n partner recived a summons to court for feb because we havent paid are council tax bill


to start, we moved to new home in sept 11, paid last tax bill off, new bill came for new house, we set up direct debit with council.

then today got letter saying nothing paid, hunted through bank and they havent taken a penny, even tho direct debit is still set up and active.

we have had no reminders that payment hasnt been made during the time we moved in to date.

surely they have to inform us we havent made payment before this summons is issued.

i tried to ring them but lines busy, so they calling back tomoz at 8.30.


what can i do. bill is only 157 quid but they have added fees etc and now 234 quid, and cant really afford this.
does this effect our credit in anyway
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Comments

  • hcb42
    hcb42 Posts: 5,962 Forumite
    you need to pay it, or go to court and take the consequences, there isnt any other options really.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    It won't affect your credit report. As far as I know council tax debts are dealt with in a different way to normal debts.

    What you should do at the earliest convenience is make a payment for what you can afford. Then contact them and come to an arrangement to continue paying, plus an additional amount to cover the arrears -- this is all a court would do anyway!!

    What are the £77 in fees for exactly? I can't really offer any advise about this part of your post other than phone them and discuss it with them.

    They do though seem very poor at sending reminders out. On one occasions we've received a final demand and another a letter with a date we are to attend court -- no reminders, nothing. Apparently they sent them though. Although in fairness we did pay a couple of payments several weeks late.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It won't affect your credit report.
    Thats correct
    What you should do at the earliest convenience is make a payment for what you can afford. Then contact them and come to an arrangement to continue paying, plus an additional amount to cover the arrears -- this is all a court would do anyway!!
    The court do not get involved in any payment arrangement unless you are put up for committal to prison.
    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.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    CIS wrote: »
    The court do not get involved in any payment arrangement unless you are put up for committal to prison.

    Oh right, fair enough, so what will the court do? And will this have any adverse affect on op in any way? Other than order them to pay £x of course which if op can't pay they will have no choice but to come to an arrangment.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    If the DD is set up then the council will have done that, sounds like they have made a mess of it.

    Call them up and ask if you can settle the arrears in full exluding the charges. If they refuse then I would gather my evigence and go to court. Tell them you are going to hire a lawyer and will be asking for costs.

    This all supposes the council have made the error and not you.
  • dazzadub
    dazzadub Posts: 655 Forumite
    Tenth Anniversary 500 Posts Combo Breaker
    They due to call me this morning. DD was Defo set up. Rent is being taken but council tax hasn't.

    I can get money no probs, but why should I pay there costs for there mistakes. I will be more than happy to pay council tax bill but why should.I pay costs
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    dazzadub wrote: »
    why should.I pay costs

    If they made the error then you shouldn't. Your job will be to figure that out before you talk to them (with dates, times etc)
  • dazzadub
    dazzadub Posts: 655 Forumite
    Tenth Anniversary 500 Posts Combo Breaker
    Well. Dd was set up day rent was set up. When we were in office signing for keys. It had dd instruction on paperwork which we signed and the council guy

    I will question this when they call. Have paperwork here
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Oh right, fair enough, so what will the court do? And will this have any adverse affect on op in any way? Other than order them to pay £x of course which if op can't pay they will have no choice but to come to an arrangment.

    At the Summons stage the court will decide at the court hearing only if the summons has been issued correctly in law and if on this basis the Liability Order should be granted- its a yes or no decision; if legislation has been followed correctly then the order will be granted (difficulty paying is not a defence).

    Once the order is granted the council act under their delegated powers to collect the money using one of a range of permissable maeasures - bailiff, attachement of earnings/benefoit,charging order, bankruptcy and committal to prison. The council can make a payment arrangement however this isn't actually covered in legislation (although it is expected that this would be tried).
    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.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 20 January 2012 at 9:07AM
    Well. Dd was set up day rent was set up. When we were in office signing for keys. It had dd instruction on paperwork which we signed and the council guy
    The DD instruction sounds like it was for your rent - the council tax DD would have been seperately set up with most councils.
    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.
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