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Council Tax, Summons cost, "lost" direct debit

Hi,

I moved into my house in early January and immediately paid the council tax due until the end of the financial year (2012 / 2013)

On 07 February I completed a direct debit instruction and returned it to the council so that future year's council tax would be paid.

On 12 July I received a "summons for non-payment of council tax".

On 13 July (i.e. the very next morning) I paid the council tax. However, the council have added £103 to the amount owed (£100 for Bristol City Council costs and £3 for court costs).

I have complained to the council that no reminder was received and that they did not process my direct debit instruction. So far this has passed through two levels of complaint and at each level the complaint has been refused.

The council insists that a reminder was issued (and that the law allows them to consider it delivered) and that they did not receive my direct debit instructions (presumably the law doesn't work in the opposing direction).

I acknowledge that I should have checked that the council tax was actually leaving my account but I still feel like the council has picked my pocket! I also acknowledge that this sounds like a classic "your cheque is in the post" story but it is actually true!

Should I just give up or is it worth pursuing this complaint further?

Thanks for any advice.


Chris

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If its the council tax from the previous financial year then the no reminder would be needed (most council's will issue still one though) but at the minimum a final notice would be.

    Your council states it has issued a reminder notice then they have gone above the statutory minimum.

    They should have proof of postage so if you wished to dispute the summons at court then they would need to demonstrate this but they are correct in that once it is correctly posted then it has been deemed to be served correctly.
    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.
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