Charged £50 for late payment for council tax

cakehead

We pay our council tax as most people do in 10 monthly installments. Last year we fell slightly behind one month, the council promptly sent us a letter and charged us £50. At the end of the year we had paid all council tax due to the council, including the £50 charge for late/missed payment. I wanted to challenge the council but my wife said that I should let it go. After watching the Tonight program 20/7/07 I feel that the local council was very wrong with this charge and wish to know if I am justified in asking for my money back.

Thank you

Browntoa

they can if it's listed as a charge, depends if they can prove thats how much it costs to process

diesel9181

i got charged £80 (for being late once!!!) and was told on this site ive not got a chance of getting it back. let me know if you do get it refunded tho. good luck.

CIS

A charge won't be levied for a late payment - the charge will have been for the cost of issuing a court summons (possibly progressed to a Liability order).

If a reminder is not paid within 7 days of the initial date then the Council are entitled to issue a Court Summons and costs followed by a Liability order if not settled by the court date.

The charges are not penalty charges in the way that bank charges are, they are to cover the legal and administrative costs of taking legal action.

(7) An order made pursuant to paragraph (6) shall be made in respect of an amount equal to the aggregate of—

• (a) the sum payable, and

• (b) a sum of an amount equal to the costs reasonably incurred by the applicant in obtaining the order.

(8) Where the sum payable is paid after a liability order has been applied for under paragraph (2) but before it is made, the court shall nonetheless (if so requested by the billing authority) make the order in respect of a sum of an amount equal to the costs reasonably incurred by the authority in making the application.

rules regarding the costs,L/O etc are here - http://www.opsi.gov.uk/SI/si1992/Uksi_19920613_en_7.htm#mdiv34

Mrs._M_7

Many of our members are now appearing in the courts for late payment of their council tax. One will be there for paying her council tax in the middle of the month, rather than on 1st of the month. She has been paying this wretched tax on about 18th for many years as this is when her pensions arrive in her account. She has never missed a payment. They have now decided that this is unacceptable and no pleading will change their minds, the whole amount for the year will have to be paid. She can't do that.
So next month she will face a magistrate in a court room for the first time in her long life. They say new experiences are good for you, this is one she would rather not have. The 1992 Local Government Finance Act does give the choice of 10 or 12 or even 52 payments: most councils opt for the 10 payments although there are some who will collect over 52 weeks. Most of us receive our pensions and salaries monthly, it seems logical to me that bills should be paid in the same way.
Councils will offer all sorts of reasons why but not one has yet convinced me that it is so necessary to be such pedants.

MarkyMarkD

If something's due on the 1st of each month, there's no reason why someone should be allowed to pay late EVERY month just because that's when they get paid.

Council tax is only paid in 10 monthly instalments, so she's had 2 months every year to catch up and start paying on the 18th of the month BEFORE it's due on the 1st, rather than the 18th of the month AFTER it's due.

Paying in 10 monthly instalments is a statutory right. There's no such right to pay over 12 months as you suggest.

Requiring all council taxpayers to pay monthly IN ADVANCE is a matter of being fair to all council tax payers, not a matter of being pedantic.

CIS

So next month she will face a magistrate in a court room for the first time in her long life. They say new experiences are good for you, this is one she would rather not have. The 1992 Local Government Finance Act does give the choice of 10 or 12 or even 52 payments: most councils opt for the 10 payments although there are some who will collect over 52 weeks. Most of us receive our pensions and salaries monthly, it seems logical to me that bills should be paid in the same way.

A Liability order hearing wont accept late payments as a means of throwing out the L/O . Even if the amount stated on the summons is made in full then she will have the L/O issued for any outstanding costs.

As MarkyMarkd has already said, there was nothing stopping her paying her Council tax on the 18th as long as it was an advance payment which was meant to pay the Council Tax due on the following 1st of the month.

Mrs._M_7

It is a statutory right to take council tax over 10 months, 12months or fifty two weeks, but is choice made by the councils. Read the 1992 Local Government you will find it there, http://www.legislation.hmso.gov.uk/acts/acts1992/Ukpga_19920014_en_1.htm

MarkyMarkD

That's not a helpful link as I can't see any reference to payment by instalments.

Rather more useful is http://www.opsi.gov.uk/si/si1992/Uksi_19920613_en_9.htm which clearly says that it can be 10 monthly instalments. And doesn't mention any alternative methods.

I've only ever been asked to pay in a lump sum, or 10 monthly instalments.

Mike_S_8

From Hansard, 7 Dec 2004 http://www.publications.parliament.uk/pa/cm200405/cmhansrd/vo041207/text/41207w14.htm

(My emphasis in bold.)

"Mr. Amess: To ask the Deputy Prime Minister over how many months of a year council tax payers may pay their council tax (a) by standing order and (b) direct debit; and if he will make a statement. [202058]

Mr. Raynsford: Regulation 21 and schedule 1 of the Council Tax (Administration and Enforcement) Regulations 1992 (SI 1992/613) provide that billing authorities can offer a scheme of 10 instalments, but also allow them to offer greater frequencies up to 52 instalments if they wish. Billing authorities can also make individual agreements with taxpayers which set out payment dates and the amount of each instalment. The regulations do not specify which payments methods

7 Dec 2004 : Column 455W

authorities must offer. It is for individual billing authorities to decide whether to offer other frequencies and which payment methods to offer and promote in the light of local circumstances."

MarkyMarkD

Great to see that the legislation is so clear and non-contradictory, eh? :rolleyes:

Anyway, this 10 month/12 month/52 week thing is a diversion from the main point, which is that it's up to each council when they require paying by. Anyone who chooses to pay incorrectly (i.e. late) is being unfair to those who pay on time, and it's quite reasonable that they are not allowed to do so.

Constantly paying 17 days late is just taking the wotsit. I've already pointed out that the relevant person could have caught up by paying during one of the two months in a year in which payment is not required.