Council tax Magistrates summons and credit file

g.lewarne

Hello


I could not determine the right place to post this, so feel free to move if necessary.


Essentially, Myself and my partner have a Magistrates court summons tomorrow as the local council are claiming we have not paid council tax for this year starting in April. The thing is, we HAVE paid, the full monthly amount, every month, by standing order, with the correct reference, and we have bank statements to prove it. We have called the council several times, and they have "investigated" but cannot find our payments.

I don't know what to expect at the courts tomorrow (first time) and how this will effect our credit ratings.

We have lived at the same address for 10 years, paying the council tax monthly by standing order every year without problem until now. Even if the magistrates rule in our favour, will the fact that we have had a summons effect our ratings?

Im really confused. As far as I am concerned our liability for the tax ends when the money leaves our account. If the council have "lost" it, that should not effect us?


Any insights appreciated!

Sinhanada

If you have the bank statements and can prove that the amount has been paid (And has not been returned by the bank) I would expect this to be a very quick case/

The only way that this would affect your credit rating would be if you were in default and the court issued a CCJ.

fermi

Summons or liability orders from the magistrates courts are not recorded on credit files, so it cannot affect your 'rating'.

As said, it only would if they had taken action and obtained a judgement through the county court instead, which they have not.

CIS

What date are you making payment (remembering S/O payments can take 3 or 4 days to go through) ?

At this point in the year I would have expected a summons to have been issued before now if payment was not being received at all on your council tax account. I would tend to go towards the payments being received but being late but you need to ask them to find out.

As far as I am concerned our liability for the tax ends when the money leaves our account

Once it leaves your account it only becomes the council's responsibility once it hits their account - a lot can go wrong in between.

g.lewarne

The payments are leaving our account on the 14th of each month, due date is the 25th of each month so that should be plenty of time.


In our calls to the council, they are not claiming late payments, they are claiming no payments at all have been received.


We double checked bank statement, the funds are not being returned by the bank.

RuthnJasper

g.lewarne wrote: »

The payments are leaving our account on the 14th of each month, due date is the 25th of each month so that should be plenty of time.


In our calls to the council, they are not claiming late payments, they are claiming no payments at all have been received.


We double checked bank statement, the funds are not being returned by the bank.

But are they definitely being received by the council? If there's an incorrect digit in the account number, the money could have been going into anyone's account. Have the council not written to you with 'overdue' letters prior to the summons?

Hope you are able to get this sorted, OP. x

kingstreet

If you are paying by standing order, you set up the payments yourself with your bank and had to obtain the council's account number, sort code and your property reference/account number to ensure your bank paid it into the correct account and the council could see to which council tax account to allocate it.

If all your bank statement shows is XYZ Council, that could be payments made to someone else's council tax account you are trying to show as yours.

You need to be able to prove the payments going out of your bank account are going to the correct council account and the correct council reference number.

g.lewarne

Well, we went to the magistrates court today.


As we were able to prove that the funds left our account on time, with the correct reference, and to the correct bank account, the magistrate ruled in our favour.


Costs and fines were waived.


We should be hearing from the council in a few days to reset the "status quo" of our account.


Overall, a good result!


thanks everyone for the advice

Rrushi_Shqiptar

g.lewarne wrote: »

Well, we went to the magistrates court today.


As we were able to prove that the funds left our account on time, with the correct reference, and to the correct bank account, the magistrate ruled in our favour.


Costs and fines were waived.


We should be hearing from the council in a few days to reset the "status quo" of our account.


Overall, a good result!


thanks everyone for the advice

Glad it went your way, not that it was ever going to go against you. :beer:

Thrugelmir

g.lewarne wrote: »

The payments are leaving our account on the 14th of each month, due date is the 25th of each month so that should be plenty of time.

Are you in arrears?

Ours is due on the 1st. Never been any different.

rizla_king

Good. Proved the council and their recovery people for the idiots they are.