summons query- council tax

brightonman123

just had summons for C/T- can they add costs to my account, even before a case is heard??

seems to be a mixup with standing order. trying to get through on phone i a nightmare..

HappyMJ

brightonman123 wrote: »

just had summons for C/T- can they add costs to my account, even before a case is heard??

seems to be a mixup with standing order. trying to get through on phone i a nightmare..

They can add it...you don't neccessarily have to pay it. If you ask they can remove the charge in exchange for immediate payment.

CIS

The costs are incurred for the issuing of the summons and can be enforced via the liability order if unpaid - even if the council tax charge is paid.

specialkaye

The summons costs are payable once the case has been heard in court- it's usually about £40-45.

Councils will usually do the prep for these cases up to a week before hand and will add the charge on then however if full payment is made before the court date this isn't payable.

You may find that you already have costs of £80ish pounds added on for a final reminder- these costs are already payable and will be included in the amount asked for at court.

HappyMJ

specialkaye wrote: »

The summons costs are payable once the case has been heard in court- it's usually about £40-45.

Councils will usually do the prep for these cases up to a week before hand and will add the charge on then however if full payment is made before the court date this isn't payable.

You may find that you already have costs of £80ish pounds added on for a final reminder- these costs are already payable and will be included in the amount asked for at court.

What council asks for £80ish for a final reminder? Are these random costs really enforceable at court?

My council does not charge anything at all for the final reminder. They charge £39 for summons cost and £22 for a liability order when granted at court. However, although they say full payment plus summons cost is required to prevent further court action they do accept the full outstanding amount and write off the cost of issuing the summons if paid immediately by debit card or cash. I suppose it depends how far through the process they are...I doubt they'll stop court action if you pay everything except the smmons cost the day before the court date.

CIS

What council asks for £80ish for a final reminder? Are these random costs really enforceable at court?

The only costs which can be claimed are those involved in the issuing of the summons and/or liability order - if the council ask for costs any earlier then they are not enforceable (until they are included on a valid summons). Regulations do not include any scope for adding costs to reminders or final notices.

although they say full payment plus summons cost is required to prevent further court action they do accept the full outstanding amount and write off the cost of issuing the summons if paid immediately by debit card or cash

I doubt they'll stop court action if you pay everything except the smmons cost the day before the court date.

A lot of councils will go for 'costs only' but it depends on local policy.

HappyMJ

CIS wrote: »

The only costs which can be claimed are those involved in the issuing of the summons and/or liability order - if the council ask for costs any earlier then they are not enforceable (until they are included on a valid summons). Regulations do not include any scope for adding costs to reminders or final notices.

A lot of councils will go for 'costs only' but it depends on local policy.

Could that then not be defended as it does not cost £39 to issue a summons....the law only really allows the council to recover costs only. The cost being closer to £5 for a computer to print and post a letter. No cases in my area have ever been brought here on costs only so it's never actually been tried in court. Why are councils charging different amounts for summons and liability orders? Shouldn't they all charge exactly the same amount....

CIS

Could that then not be defended as it does not cost £39 to issue a summons....the law only really allows the council to recover costs only.

Its always been an argument what 'reasonable costs' involved but the courts , to date, have allowed the council to recover a proportion of the costs of running a recovery process as part of the costs.

The courts have generally taken the view that the costs of running the recovery process is a cost which is incurred due to non payers and monies should be recoverable for this.

brightonman123

Sorted now, thanks. case cancelled, costs reversed!