CCJ for Council Tax, even though on Benefits.

kizzie_nikita

Hi all.

Basically, we moved here in may 2012. Applied for Housing Benefit/Council Tax Benefit before we moved and got told it would take up to a week.

3 months on, and many letters and phone calls they're still telling me that they have a huge 'backlog' of claims and it 'will be done, when it is done'.

This is annoying for many reasons but understandable if they have a backlog.

Problem is, because they haven't dealt with my claim for HB/CT my council tax has not been paid by them the past 3 months. (Once they get round to my claim/form all the CT would be paid off it's just a matter of time waiting for them to get round to it)

I recieved a CCJ telling me i had to go to court as i had not paid the past 3 months council tax and that i now owe the whole year of over £900.

I ring them up and try to explain that i don't pay council tax as i'm on Job Seekers and the reason it hasn't been paid is because housing benefit/Council Tax form is still waiting to be processed due to a backlog.

I'm really worried as i don't want a CCJ on my back, or court costs, when all i am waiting to do is hear back from HB/CT.

They tell me that they will put a note on my Council tax account and put the CCJ/other problems on hold until housing benefit get through their backlog and pay off our Council tax.

This was 4 weeks ago. Today i receive a letter today ' Council Tax- Notice of liability Order' asking me about my job details and also stating that if i do not pay i could incur another £500 on top of what they already want.

I've already told them i'm on JSA and about the wait for HB/CT.

What shall i do as they seem to have taken my case off 'hold' and are now back at wanting the £900.

I will be ringing housing benefit on Monday to see if my claim is any further but i have no idea what to do, shall i send the form back with a letter stating i am not in work and in receipt of JSA and the whole palarvour about the HB?

Cate1976

Don't bother phoning HB, copy the letters you've received saying about CCJ and Notice of Liability and take them into office that deals with HB. I think that when it gets to point you're being threatened with eviction if it's rent or court for CB, then benefits office have to do what they need to do in order that you don't end up homeless or CCJ's.

Other alternative is to bypass council and go to CAB and ask them what action you should be taking or if they can do anything.

kizzie_nikita

Thanks! I didn't think of CAB.

Just wanted to check what i could do.

princessdon

What do you mean by you moved here in May?

Have you always been in the UK?

kizzie_nikita

Yes always lived in the UK, sorry, i meant moved house and that's why i applied for HB/CT.

princessdon

Just wanted to check *could have explained the delay*

kizzie_nikita

princessdon wrote: »

Just wanted to check *could have explained the delay*

Sorry, in a little bit of panic i should have really said.

CIS

I recieved a CCJ telling me i had to go to court as i had not paid the past 3 months council tax and that i now owe the whole year of over £900.

Its not a CCJ, its a liability order. CCJs are issued by the county courts whereas liability orders are issued by a magistrates court (and have a lot more enforcement options , including prison).

I ring them up and try to explain that i don't pay council tax as i'm on Job Seekers and the reason it hasn't been paid is because housing benefit/Council Tax form is still waiting to be processed due to a backlog.

That's incorrect - a person on JSA may not have to pay council tax if they are entitled to and awarded council tax benefit but JSA doesn't automatically mean you don't pay council tax.

This was 4 weeks ago. Today i receive a letter today ' Council Tax- Notice of liability Order' asking me about my job details and also stating that if i do not pay i could incur another £500 on top of what they already want.

The £500.00 is the possible fine for not providing the requested informtion.

I've already told them i'm on JSA and about the wait for HB/CT.

council tax benefit has no special place in council tax law, it sees council tax benefit as no different to a cash payment. Case law has already determined that not making council tax payments because you are awaiting a benefit claim is not a valid defence, the law requries you to make payment until such time as any benefit is awarded and you are advised that no payment is required.

Beetlemama

I suspect what you've received is a magistrates summons not a CCJ, we don't do CCJ's for council tax, it's a summons to appear in a magistrates court, they will award a Liability Order not a County Court Judgement.

If you have letters saying you have a pending benefit claim that should have been awarded three months ago, it might help but it stands that you have to pay council tax even if you are waiting for a benefits decision.

You're not obliged to go to court, very few people do, they'll grant the liability order against you in your absence but you need to push the benefits department if you're sure you're going to get the award, it'll wipe out the ctax and they'll remove the costs if you should have had it all along but didn't because of their delay.

I'd call the benefits department on Monday and ask to speak to a team leader and see if they can hurry things up. Be polite, no one gets very far if they get grumpy the person on the other end of the phone just met you that second and will make up their mind to help you based on that first impression. If I have to phone anyone and complain (Orange, every month) I always start with "I know it's not your fault and I don't want to be cross at you since you're trying to help me but...." it tends to get them on your side.

(CIS and I were typing at the same time, apparently.)

zippy1969

There is a simple solution to this. Call in at your local council office. See an advisor and explain the situation. Tell them you called previously and that you were told no action would be taken on your non-payment of CT until your benefit claim had been processed. Insist that this agreement was made. Then get the advisor to write down what has been agreed, stamp it and sign it.

Job done!

I used to be a support worker and often came across this very situation. The agreement was made but the demands kept coming as they are generated automatically by the system. If an agreement to defer payment is reached and put in writing, the automatically generated letters can be ignored.

Easy peasy.

Murphymycat

This is incredibly common. When we received one we felt the same annoyance as you. We actually went to court and met the council's representative. We were told they had hundreds of these orders at a time for non payment of CT and the judge just rubber stamps the whole lot.