Council Tax Summons, Only one Reminder, Incorrect Postcode

HOODY1984

Hi all,

I have an on going issue with my council tax since my partner left and they changed my account to single person occupancy. The change meant a new account being setup, but they did not transfer the direct debt information. I received a 2nd payment reminder (this was actually the 1st reminder although it stated 2nd) at the beginning of November to which i payed upto date and the following payment, requested the direct debt forms to be sent to me and informed them they had the wrong postcode for my address. I filled in the DD forms and posted them back.

This week i have received a court summons, :eek: , still with the wrong postcode :mad:. no 3rd (or should be 2nd reminder) and final reminder before this.

I have contacted them again, arranged payment, informed them they still have the wrong postcode and that i never received the 3rd reminder. Also i have logged a complaint due to the lack of reminders, no DD been setup (which they claim they have not recieved) and incorect postcode.

My question is, should i attend the summons and object to the addition court cost been applied to my account??

They clearly have an admin error that has been reported twice now and i'm guessing that's why I haven't received the reminders and possibly why the DD has not been setup, as the postcode wouldn't match so the bank would stop it.

Any legal/law ref's would be appreciated.

Thanks in advance. Dan

CIS

Have you checked the postcode against what the valuation office database and the Royal Mail have - the reason I say this is you won't believe how many people use wrong postcodes and are insistent they are correct.

no 3rd (or should be 2nd reminder) and final reminder before this.

There's doesn't need to have been a final notice - it depends on what has happened and when.

I received a 2nd payment reminder (this was actually the 1st reminder although it stated 2nd)

Presumably you mean it was the 1st one you received , the reminder wouldn't state it was the 2nd one unless it actually was.

no DD been setup (which they claim they have not recieved)

In this respect its your responsibility to keep making any payments due until you are issues with a demand notice showing otherwise.

Have the council actually confirmed if they tried to set the DD up ?. The postcode isn't sent as part of the AUDDIS request to the bank to set up the DD.

HOODY1984

Hi cis,
Thanks for your reply. Yes the postcode I use has been confirmed as the correct one, and the council contact centre confirmed the incorrect one they have comes up with a different street entirely when entered into there system.

Your presumption regarding the reminders is correct.

I understand I must make the payments, and assumed the DD was been taken to make the payments. I maybe should have checked to make sure the DD Had been set up. But with Xmas I'm sure you can understand it wasn't at the forefront of my mind, and i'v never had any trouble with payments or DD's in the previous years relating to council tax only since they "changed" my acc type.

Regarding the DD The adviser on the phone said "it looks like we haven't received your DD form, as there is nothing setup on your account"
Any advise?, given they have incorrect details and only one reminder received before this summons.

Just to add I received a letter from them today stating they accept my proposed payments to sort this matter, but this letter still had the wrong postcode!

CIS

I would try quoting regulation 7 of the interpretation act 1978

Interpretation Act 1978

References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

If the council still try to proceed with the summons you would need to dispute it at liability order hearing at the magistrates court.

HOODY1984

Thanks again CIS, I will follow you advise and post back with the out come

CIS

Sorry, that should be section 7 rather than regulation 7.

HOODY1984

CIS,
Woud the data protection act 1998 principle 4 (Personal data shall be accurate and, where necessary, kept up to date.) be applicable here?

Thanks.

anselld

You have presumably started paying and the council have agreed the payment plan. Have you not asked them directly to cancel the summons and remove the court costs now that your account is in order?

HOODY1984

:j :beer: - if your innocent fight the system! - :beer: :j

Here is a copy of the letter/email I sent to my council, and the reply I got almost immediately, thanks for your advise and I hope this can help someone in the future:

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Dear Sir/Madam,

I am contacting you regarding Summons Costs and Court Cost fee's which have been applied to my Council Tax account.

I received my 1st late payment reminder on 11 Oct 12, I paid this immediately along with the following months payment. This reminder stated it was the 2nd reminder, although i had not received a 1st reminder. I noticed this had an incorrect post code on the letter, so when I rang to pay I brought this to the operators attention along with my concern of not receiving a 1st reminder. During this call I requested the direct debit forms, which I completed and returned straight away.

On 02 Jan 13 a court summons from yourselves was issued. I immediately rang your call centre, made a payment arrangement, and brought to the attention of the operator that i had not received a 3rd or final reminder, the postcode was still incorrect on your correspondence, and that i had returned my direct debit forms. the operator informed me there was no direct debit information on the system and the post code on YOUR correspondence was incorrect and displayed a different street name when she entered it into the system. I supplied the operator yet again with the correct post code.
On the 11 Jan 13 you have issued me a letter stating you accept my proposed payment schedule, however this still has the wrong postcode.

Given the information above, I believe you may have sent a 1st and 3rd or final reminder, but due to not updating the information for my address on your system this has failed to reach me leaving me unaware of the situation.

Interpretation Act 1978
Section 7
References to service by post.
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Data Protection Act 1998
Principle 4. Personal data shall be accurate and, where necessary, kept up to date.

For your reference the post code on your correspondence is XXXXXX, My actual post code is XXXXXXX

After numerous attempts to notify you, your correspondence was and is still not properly addressed, Nor your data accurate or up to date regarding myself in reference to my address, I am requesting you remove the £80 Summons Costs (including £3 court cost.) and withdraw the court proceedings. I believe if you had updated the information for my address on your system these costs and the summons would of been avoided.


If I do not receive a satisfactory reply I will present my findings and evidence to the court on xx/01/13 at xx:xx.

Yours Faithfully

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Hello

Further to your recent email and complaint regarding your Council Tax.

You will shortly receive an official reply to your complaint.

However I have looked at account and have decided to withdraw the Summons.

I will send a letter confirming the withdrawal and your new payment plan.

The Summons has been withdrawn and therefore costs removed

Thank you

Mr X

Council Tax Team Leader

CIS

Good to know. I am a believer that the current system should be used to recover monies but I also believe that it applies both ways when it comes to making sure the process is correct.