Council Tax Summons - Help!

edited 30 November -1 at 1:00AM in Reclaiming Mortgage Fees, Council Tax, etc
11 replies 2.2K views
Oliver7889Oliver7889 Forumite
6 Posts
Hey first time poster on this site.

Just looking for advice because I have just got home and found court summons for unpaid council tax. However, I no longer live in that property.

The Summons arrived today, 2nd July, but on the 28th May I emailed them and asked if there was anything outstanding. The council replied back saying nothing was outstanding as of end of May. Then 4 days later I used the online form on the councils website to tell them of the new occupiers (the same form I used when I moved in). They moved in on the 2nd June.

I'm in a bit of a panic as I don't know what to do, I've emailed them (with a copy of their email of the 28th May) and requested that the court summons be rescinded.

But please any advice great appreciated... I'm starting to panic a bit now!

Thank you!!
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Replies

  • CISCIS Forumite
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    But please any advice great appreciated... I'm starting to panic a bit now!

    There's not a lot you can do until you get a response from them.

    If the account has fallen in to arrears since 28th May then a summons could have been correctly issued - have you continued making payment in the meantime ?
    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.
  • well the summons is for the whole year up until 2015! I did inform them that I wasn't liable from the 2nd june 2014 and there were new occupiers.

    I didn't pay june because as far I was aware the account had been transeferred over... and besides if there was nothing due at the end of may, as they told me, then surely if anything only june would be owed.....
  • CISCIS Forumite
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    I didn't pay june because as far I was aware the account had been transeferred over... and besides if there was nothing due at the end of may, as they told me, then surely if anything only june would be owed.....

    You're legally required to continuing payments until you are issued with a revised council tax demand notice.
    well the summons is for the whole year up until 2015! I did inform them that I wasn't liable from the 2nd june 2014 and there were new occupiers.

    It will be as the account had not yet been closed at the date the summons was issued.
    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.
  • thank you. But I've never once had a bill asking me to pay the whole year, I had one asking for June and that cam about 3 or 4 days after I switched it over so I thought that it may have been processed prior to me telling them of a new occupier.

    Bit narked that when I used the online form they managed to change the details over to me quickly enough, but couldn't do likewise when I changed it out of my name.

    So I'm going to go to the council offices tomorrow and ask to speak to someone.

    Still lost as to why someone told me a month ago that I am all up to date and a month later they are telling me to go to court, seems a bit sudden and draconian.
  • CISCIS Forumite
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    But I've never once had a bill asking me to pay the whole year

    You won't (unless you 're getting billed retrospectively) - you get an initial demand notice with payments. Miss a payment and you get the reminder. If the reminder isn't paid within 7 days then the full years balance automatically becomes due without further notice.
    Still lost as to why someone told me a month ago that I am all up to date and a month later they are telling me to go to court, seems a bit sudden and draconian.

    A reminder notice can be issued the day after payment is due, 14 days later they can issue the summons under legislation.
    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.
  • OK.

    Well thanks for your responses. :)

    I will go down to the council tomorrow and talk with someone and explain the situation. They should be able to assist
  • CISCIS Forumite
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    I will go down to the council tomorrow and talk with someone and explain the situation. They should be able to assist

    They may have a local policy in place - what I have posted is the legislative side of it, the council can go easier on you than this if they wish.
    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.
  • Hey,

    Went to the council today. They were very sympathetic and could see why there was confusion on my part. On their email to me they said that 'subsequent payments are as follows'
    'June 14 £86, July £86...etc' therefore I assumed that you pay monthly. However, the council lady said it was worked out differently and could understand why i thought this was the case!!

    They did have my online form which I told them I was no longer living there, however, they said it was in a backlog, and hadn't been processed yet!

    She took a few details from me and turns out there was a bit of money outstanding, £48 rather than almost £700! So I paid that, got a receipt and it written down that I had spoken to someone and my debts are now cleared and there is now a new occupier.

    She rectified the court summons and said nothing will show up on my credit history, so I'm happy now.

    Only slightly peeved that the way they calculate council tax (at least in my council) isn't as simple as a monthly charge! Oh well, all's well that end's well.

    I'm hanging on to all my receipts etc just in case they ever do try and bill me (or summon me to court) again!

    Thanks!
  • elmerelmer Forumite
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    Council tax is a daily charge that is billed annually, and you can the pay in 10 instalments.
    Months dont come in to the calculations, you are just required to pay each instalment by the 1st of each month.

    This is set in legislation, so all councils bill in the same way.
    Clear as mud?, try explaining it every day !!!

    elmer
  • agberoagbero Forumite
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    Eighth Anniversary Combo Breaker
    Hi, can anyone offer me some advice. For work reasons I live away from home and so the Council Tax is in my wife's name, although I pay it.
    My wife has not received a bill, nor any warnings, notices, etc. for this (2014/15) Council Tax year despite going to report this to the Council and being reassured that the Council Tax bill will be re-issued on three seperate occassions between March and June (unfortunately she did not obtain proof of this).
    She has now received a Court summons for the full amount plus court fees.
    Whilst I'm appreciate she should have obtained proof that she was seeking the bill to now what to pay, I'm more frustrated with the Council for not have sent anything through until the summons was received today.
    Since it's only 7 days to pay, I think I need to pay the full amount now and then complain formally to the Council - does anyone have any better ideas?
    Any good advice would be much appreciated.
    (...and if it's relevant, this is Enfield Council).
    Thank you
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