council tax/bailiffs, why should i pay before january???

jonwstn

i have to set up a payment plan with rossendales for this years council tax, i missed the first payment and recieved a court summons which was dated 12th may, i was due in court on june 12/13ish but on the summons it said i don't need to attend, so i didn't as i was working i can't afford time off, now i have till the 23rd of july to set up a payment plan, i was going to offer them £200 per month which if i started paying now i would be all paid by the end of december, last time i tried this rossendales told me that wasn't good enough even though i would of been all paid by november, can they demand this from me as its still this years council tax?
Also what is the earliest by law that the courts or bailiffs can demand full payment for this years council tax?

booksurr

jonwstn wrote: »

Also what is the earliest by law that the courts or bailiffs can demand full payment for this years council tax?

as you are already on a payment plan then you have lost the right to pay by 1/12 instalments and so the nanosecond you are late with the plan instalment they have the right to demand payment of the full year's tax that instant.
https://www.gov.uk/council-tax/problems-paying-and-financial-help

all council websites will have some level of detailed explanation, why not read your own? here is an example: http://www.elmbridge.gov.uk/taxation/ctax/ctrec.htm
A Reminder Notice is issued when an account's instalment plan falls into arrears and must be settled in full within the time-frame stated on the Reminder Notice. The Council will take Court proceedings for non (or partial) payment of the Council Tax outstanding.
If a Reminder Notice is issued within 7 days of the next instalment being due then that instalment will be included on the Reminder Notice (this is a legal requirement).
The law only requires the Council to issue two Reminder Notices per financial year (each must be settled in full and on time), so regular failure to keep your instalment payments up to date will result in your right to pay by instalments being lost and Court proceedings for non-payment being taken. This will incur Court costs.
Our Reminder Notices warn you of the costs that can be incurred if Court proceedings are commenced

you could even have looked here: http://www.adviceguide.org.uk/england/tax_e/tax_council_tax_ew/council_tax.htm
When you have not paid an instalment of council tax on the date it is due, your local authority must issue a reminder, asking for payment within seven days. If you fail to pay within this period, you lose the right to pay by instalments and a full year's council tax becomes payable.

jonwstn

so the 10 months the council give me is just a good will gesture?

booksurr

jonwstn wrote: »

so the 10 months the council give me is just a good will gesture?

no - read the the regulations
http://www.legislation.gov.uk/uksi/1992/613/contents/made. At the start of the year you have the right to ask for 12 instalments, miss one of those and you move into the rules under The Council Tax (Administration and Enforcement) Regulations 1992 No. 613 PART V Regulation 23 - Failure to pay instalments

23. (1) .... where—
(a) a demand notice has been served by a billing authority on a liable person,
a demand notice means the original bill issued in April for that year
....
the billing authority shall serve a notice (“reminder notice”) on the liable person stating ....
(i) the instalments required to be paid,
(ii) the effect of paragraph (3) below, and
(iii) where the notice is the second such notice as regards the relevant year, the effect of paragraph (4) below.

(3) If, within the period of 7 days beginning with the day on which a reminder notice is issued, the liable person fails to pay any instalments which are or will become due before the expiry of that period, the unpaid balance of the estimated amount shall become payable by him at the expiry of a further period of 7 days beginning with the day of the failure
in other words as you have missed a payment on an existing instalment plan, agreed as a result of receiving the first reminder notice they can now demand a new plan as they see fit

(4) If, after making a payment in accordance with a reminder notice which is the second such notice as regards the relevant year, the liable person fails to pay any subsequent instalment as regards that year on or before the day on which it falls due, the unpaid balance of the estimated amount shall become payable by him on the day following the day of the failure

jonwstn

lol an 'agreed payment plan' i never agreed to it! crazy, i miss one payment and now i feel bullied and slowly pushed into a corner..

booksurr

jonwstn wrote: »

lol an 'agreed payment plan' i never agreed to it! crazy, i miss one payment and now i feel bullied and slowly pushed into a corner..

yes, you missed one instalment and therefore should be pushed into a corner, why should those who don't miss payments subsidise you