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Council tax - summons to court

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  • What does that mean in English?
    "Therefore when applying this judgement to Debt Relief Orders, if the debtor has defaulted in respect of a reminder notice the whole of the amount is due and payable and therefore a qualifying debt (whether or not the council has obtained a liability order), if the debtor has maintained their instalment agreement in accordance with the demand notice, or no reminder notice has been issued only sums accrued and unpaid up to the DRO are a ‘qualifying debt’.

    Where a liability order has been obtained by the council, prior to the debt relief order being made the whole debt as notified within the liability order becomes due and it is therefore a qualifying debt."
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In laymans terms it means that unless you have defaulted on the council tax payments and lost the right pay by instalments then you can only include any apportioned council tax in the DRO up until the date the DRO is granted.

    If , however, you have lost the right to pay by instalments by the time the DRO goes through then the whole years council tax is due and the whole balance can be included in the DRO.
    Is it really correct if you go for a DRO then you don't have to pay council tax for the entire year?
    I've got say that I haven't actually seen an increase in the number of DRO's coming through.
    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.
  • janeroser_2
    janeroser_2 Posts: 415 Forumite
    What does that mean in English?
    "Therefore when applying this judgement to Debt Relief Orders, if the debtor has defaulted in respect of a reminder notice the whole of the amount is due and payable and therefore a qualifying debt (whether or not the council has obtained a liability order), if the debtor has maintained their instalment agreement in accordance with the demand notice, or no reminder notice has been issued only sums accrued and unpaid up to the DRO are a ‘qualifying debt’.

    Where a liability order has been obtained by the council, prior to the debt relief order being made the whole debt as notified within the liability order becomes due and it is therefore a qualifying debt."


    Did anyone receive a FINAL notice stating that the full amount was now due.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did anyone receive a FINAL notice stating that the full amount was now due.

    You don't have to have had a final notice - if a reminder or second reminder was issued and not complied with then the amount becomes due in full.
    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.
  • janeroser wrote: »
    Did anyone receive a FINAL notice stating that the full amount was now due.

    Yes but now they have given me 14 days to pay a little just what I can afford.
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