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Council tax - 12 monthly instalments - court prosecution for arrears
boneofo
Posts: 61 Forumite
Any forumites been summonsed and prosecuted yet for not paying council tax due despite applying to pay over 12 instalments ?
What was the magistrates ruling?
What was the magistrates ruling?
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Comments
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Did the council acknowledge your request to pay over twelve months?0
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Have you paid any of it ?0
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Presumably your argument is resting on your asking to pay over 12 instalments but your bill shows 10 instalments ? - legally your required to pay as per the last bill you have been sent so the magistrates would not really have an option if payment wasn't made as per the latest demand notice that had been issued.Any forumites been summonsed and prosecuted yet for not paying council tax due despite applying to pay over 12 instalments ?
How did you make your request for 12 instalments (and when) ?.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.0 -
Or missed any payments?0
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my friend received a summons because she paid Junes payment on 3rd instead of 1st!
the ironic thing is that she is entitled to the maximum amount of council tax support because she is a carer and receives income support ( as of march) but the council tax support team dont seem to be able to digest this information, regardless of the amount of times she has provided evidence.
she is borrowing money from her mother each month to pay the council tax because she is scared to 'not' pay until the finally sort it out.0 -
my friend received a summons because she paid Junes payment on 3rd instead of 1st!
The summons couldn't have been issued only because of this - she would have had at least 1 reminder prior to this which wasn't paid in time and therefore the summons would have been issued.
Legally she has to pay as shown on the last bill she received - there is no mechanism in legislation for delaying payment due to a pending council tax support claim.
she is borrowing money from her mother each month to pay the council tax because she is scared to 'not' pay until the finally sort it out.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.0 -
last wednesday she received the summons. she has receipts for april may and june.
april and may were paid before the first of the month and hune was days late.
you say the summons couldnt have been because of this .... but what else could have caused it\/
there are no arrears on the account.
she phoned and they told her to ifnore the summons.
but the anxiety caused by it is immense.
she is continuing to pay FULL council tax and rent ( she is having to borrow from her mother) because the council wont get their backsides into gear.
their recourse for her being 2 days late is a summonds.
where is her recource for their incompetance?0 -
A summons can legally only be issued following at least 1 reminder notice that wasn't complied with. If she doesn' think a reminder was issued she needs to speak with the council.you say the summons couldnt have been because of this .... but what else could have caused it\/
there are no arrears on the account.
To be completely truthful I have dealt with about 60 or so reminder queries in the last 2 days and I've only found 4 or 5 that needed withdrawing as being wrong (or on a few because I've given the benefit of the doubt). If a reminder is wrong , it's withdrawn, if it's correct it stays .
I have no issues with removing a reminder (regardless of what the council may think) if its wrong but the simple fact is that they are correct in 90% + of the time and a lot of the rest of the time they're removed only because a person has been given the benefit of the doubt.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.0 -
my friend received a summons because she paid Junes payment on 3rd instead of 1st!
the ironic thing is that she is entitled to the maximum amount of council tax support because she is a carer and receives income support ( as of march) but the council tax support team dont seem to be able to digest this information, regardless of the amount of times she has provided evidence.
she is borrowing money from her mother each month to pay the council tax because she is scared to 'not' pay until the finally sort it out.
when I went onto Income Support it took about 8 weeks to sort out and I had to pay in the meantime. My council did, to their credit, send a cheque out as a refund with the notification that I had received full benefit.0 -
Council offer confirmed receipt by personal reply to my request email. First 4 months out of 12 all paid up.
Has anyone asked a magistrates court to summons a council officer as witness before ?0
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