council tax summon charge (unfair)

stranger12

Hi All,

I am having a slight situation with my useless council.Basically I have been in my flat for almost 1year and 6 month and have always paid the council tax on time using instalment.

Now, when the tax year 2012-13 ended (april 2013) , I called up to find out how much I have to make and was told that the payment has gone up slightly and should expect a new bill with instalment the details to come through in the post. Nothing received until 24 June 2013 which was a reminder to make payments else will be taken to court. I had to make the payment within 7 days which I did but the letter was dated 02/06/2013 which I only received it on 24th June.
On the following Monday(1st July) I received a court summon which added a £70 fee to the council tax fee .
I have applead against this to council by saying following( briefed)
1. if they look at my account history have always paid on time
2. I have not received any installment bill instructions although after speaking to them they say they have sent 2 bills out.
3. I have then only received the reminder on 24th dated 2nd June asking to pay the fee or court. I did pay it straight away.
4.court summon received is incorrect as they had no reliable way of ensuring I have received it , they just assumed. They didn’t use recorded delivery etc. I shouldn’t be blamed for royal mail delay

While waiting to hear from them, they arranged a alternative payment method which incurred another £25 fee of liability order ( don’t know what the f*ck it is ). So total of £95 extra plus what owed to be paid to council .
Now do you guys council would be reasonable and wave the fees or say no we have sent the summon and reminder and you should have paid it regardless of them ensuring I have received it and not simply making assumptions.
If not, should I go to court and explain this to judge and see what he says ?

In another word would I be better off just pay these beggers another £95 or go to court and fight. Do I have a strong case to stand on in the view of the judge so I won’t pay the £95?

In addition, If I go to court would that be recorded on my Experian or other credit agency systems?

I really really appreciate your help

Voyager2002

Your use of obscene and aggressive language does not help... I do agree that you should not face these extra charges, but insulting the Council will only make them dig in their heels rather than help you.

I suggest that you find the contact details for the elected member (councillor) who represents you, politely explain the problem, and ask to have the charges waived.

stranger12

thanks for the reply.

I wasn't rude to them just really annoyed and frustrated .

I have always paid on time and one time which is their issue this happens, sorry how can I find the details of the current counciller?

Do you think I should go to court or stay away from court and try to sort it using an alternative method( emailing counciler etc)

They simply say they have sent it but what is their proof. I say I have not received it but again what is my proof so in order for them to prove I have received it they should have used recorded delivery which they deny and say we have 1000s of customer and will not do this.

stranger12

I have emailed their back office but have not had any acknowledgement from them. I have used the email which is on their website and also on teh court letter but nothing so far .

that is why I call them useless

Voyager2002

Correspondence from them will state which council they are: Google that together with the word "members" and that should give a list of members of the council, along with contact details and which person represents each district. So you just find the person representing the area where you live (although probably any of them would be willing to help).

I don't think a discussion about whose fault it is would be useful, and it would be sensible to resolve the problem before the court date. Going to court would not achieve anything: everyone agrees that you owe the amount of the council tax bill, so the court would just confirm that.

CIS

They simply say they have sent it but what is their proof.

As far as the law is concerned the fact the council can demonstrate that a batch of documents was printed and posted is sufficient provided that it is correctly stamped and addressed as per section 7 of the Interpretations Act 1978.

CIS

If not, should I go to court and explain this to judge and see what he says ?

Only if you can demonstrate beyond reasonable doubt that documents weren't received or that they weren't issued legally.

McKneff

You knew it was due to start in April though, why wait till the end of June, you could have made a telephone payment each month.....

stranger12

McKneff wrote: »

You knew it was due to start in April though, why wait till the end of June, you could have made a telephone payment each month.....

I sort of knew but not my fault if they don't send an installment instruction.
I have emailed them but no replies so far and will contact the council memeber as suggested

spacey2012

There is a campaign somewhere about councils making millions in false court fees when it only costs them £3 to issue a summons.

RuthnJasper

stranger12 wrote: »

how can I find the details of the current councillor?

If you look on the Council's website, there should be a link on the home-page called something along the lines of "Democratic Process", "Find My Councillor", etc. You should be able to find out who your elected representative is from that.

Hope this helps.