Council tax - summons costs

Skag

A few months ago, I tried to set up my direct debit online in Lambeth's council tax system. The system said that a pin is needed and therefore they will send me one.
A couple of weeks later, I receive the pin, tried to put it online but the system erred. Therefore it prompted me to request a new pin. I didn't receive a new pin in the next 1-2 weeks, so I went online to request another one.

In the mean time, council tax claims that had sent me papers stating that there is an outstanding balance and that if I don't pay they will charge me. I never received any of them.

Eventually I did receive my pin, however when I tried to setup the direct debit, the system wouldn't let me. So I called them in person. The council tax employee informed me that there was summons issued against me and that I could not set up direct debit now, unless I decide to pay the whole amount which was something in the lines of 1700 pounds (which I don't have anyway). So I would have to attend the summons in order to clear the matter. The summon costs around 122 pounds.

I sent them an email telling them that I have been trying to set up a DD online, but the system wouldn't work numerous times.

Eventually the verdict was that I won't need to attend court, and that they would setup a DD for me (they would need to sort it out internally). Also they would recalculate the payments, including the summon costs this time. Then the email discussion is as follows:

"Good morning,

I write in response to your email below, the contents of which have been noted.

I have reviewed your account and can confirm that on 13th March 2015 a demand was sent to you for the financial year 2015/2016 detailing ten monthly instalments, with an initial payment of £92.02 due on 1st April 2015 followed by nine payments of £93.00 due on the first of every month thereafter.

As your first payment was not received a reminder was issued on 10th April 2015 to advise that you were behind with your instalments and asking you to bring your account up to date by 20th April 2015. It also advised that if your payments were not received, your entitlement to pay by instalments would be cancelled and legal action would be taken after a further seven days for the full amount owing at that time.

Although you had requested a pin for which a letter was issued on 25th March 2015 and again on 6th May 2015, payments must not be withheld until you are sure that your direct debit has been set up correctly and you have received confirmation.

Please note that it is Lambeth Council’s policy that all payments are received on or before the due date as advised in the opening bill


The recovery action on your account has been taken correctly. I would be happy to set a payment arrangement for you but this arrangement would include summons costs, which have already been incurred in the issue of a summons on 4th May 2015 and further liability order costs, which have been incurred as full payment was not received before the hearing date

There is a Self Service option for Council Tax which enables you to view your balance including your payment history and payments due, set up a direct debit and inform us if you move house. Go to the council's webpage https://www.lambeth.gov.uk for full details. If you register for Self Service, a PIN will be issued within 3 working days of applying, giving you full access to this option. The login and application page is located at https://revenues.lambeth.gov.uk/publicaccesslive/selfservice/citizenportal.login.htm Please note that if your account has already been closed you will be unable to use this service. In this case call 0345 302 2312 and speak to an advisor, or email counciltax@lambeth.gov.uk

Regards
"

I replied:

"Thank you for your investigation and resolution.
I will arrange a direct debit and make all the outstanding payments so far.

I understand that you recognize our efforts on setting up a direct debit and therefore legitimately trying to pay for our council tax, therefore, I do not understand why since the verdict is that we could set up a direct debit, we need to pay for the summon costs?

You mention “which have already been incurred in the issue of a summons on 4th May 2015 and further liability order costs, which have been incurred as full payment was not received before the hearing date”. We are in no position of making a full payment, we would like to know on what grounds the council tax presumes that we are in position to afford to pay the complete amount?

Regards"

Council tax replied:

"Good Afternoon,

Thank you for your email below regarding the above account.

As previously advised you were sent a reminder on 10th April 2015 , as you did not bring your account up to date or contact us regarding this a summons was issued. Had you spoken to an advisor they would have advised you not to withhold your payments until you were certain that the direct debit had been set up and payments were being collected. There are several alternative ways in which to make payments.

As such the summons was issued therefore the costs will stand and are payable. I can confirm that a direct debit has now been set on your account and an an arrangement has been set to collect the instalments monthly."

Finally I have just sent this:

"Hi,

As highlighted to an email I have sent you on the 8th May 2015, I did not receive any paper requesting an immediate payment for outstanding balances whatsoever, therefore I have tried numerous times to register online and waited for the online pin to be delivered. I understand that this might be due to postal service and that you might send all your letters by first class, however is there any proof that these letters were delivered to me? If not, there is no evidence that I have received them, and therefore you should trust my premise.

Therefore, I believe that the summon costs is illogical and I should not be paying for it. I am keen on receiving a reply to this email in due time.

Regards"

How will I avoid the extra summon costs?

CIS

As far as council tax legislation is concerned there are two possibilities - it was paid and therefore the reminder and summons shouldn't have been issued or it wasn't paid and therefore they were issued correctly, on that basis.The council do not need proof of delivery of documents.

Anything further would be at the council's discretion as to whether they decide not to pursue the court summons.

Skag

CIS wrote: »

it was paid and therefore the reminder and summons shouldn't have been issued or it wasn't paid and therefore they were issued correctly, on that basis.

It wasn't paid.