Council Tax Summons

Claire236

I'd be grateful for some advice.

I've just received a council tax summons but have never received a bill. I applied on line a few days after moving in and 3 months later received a reminder. My husband phoned the council and were told they would send us a bill. At that point I paid the monthly amount on the reminder letter. The next month we received another reminder letter without having had a bill. Again phoned the council and said we hadn't ever had a bill. Didn't pay this time as wanted an actual bill to check the amount and set up direct debit. We're now a month on and have received a court summons which has me in a bit of a panic.

Are we liable for the court costs? One of the defences stated is that the tax hasn't been demanded in accordance with statutory provisions - does them not sending us a bill qualify as this? Are there any timeframes they're supposed to stick to - is it reasonable that they took 3 months to do anything? I can't imagine a private company could get away with taking you to court having never invoiced you in the first place.

Having googled cases like this it seems council do what they like and the court will take the councils side regardless. Is that really the case?

I'd appreciate any advice.

HappyMJ

Claire236 wrote: »

I'd be grateful for some advice.

I've just received a council tax summons but have never received a bill. I applied on line a few days after moving in and 3 months later received a reminder. My husband phoned the council and were told they would send us a bill. At that point I paid the monthly amount on the reminder letter. The next month we received another reminder letter without having had a bill. Again phoned the council and said we hadn't ever had a bill. Didn't pay this time as wanted an actual bill to check the amount and set up direct debit. We're now a month on and have received a court summons which has me in a bit of a panic.

Are we liable for the court costs? One of the defences stated is that the tax hasn't been demanded in accordance with statutory provisions - does them not sending us a bill qualify as this? Are there any timeframes they're supposed to stick to - is it reasonable that they took 3 months to do anything? I can't imagine a private company could get away with taking you to court having never invoiced you in the first place.

Having googled cases like this it seems council do what they like and the court will take the councils side regardless. Is that really the case?

I'd appreciate any advice.

If they can't prove they sent the bill then yes they will not be able to claim the costs from you but all they need is a copy of the printing records showing your bill was printed and then it's assumed that as everyone else got the mail on that day then yours was also printed and sent. Not receiving the bill though isn't a defence (although you think it might be). You did though get a reminder and should have chased up the actual bill in a better way than you did.

As you are more than willing to pay the amount on the bill I would be calling the council following up with a letter raising your concerns. Many councils will withdraw the costs if you set up a direct debit to pay the bill for the remainder of this year. You then need to be chasing up a response at least once a week.

dancingfairy

Generally I think the council just has to prove they've sent it, rather than to prove you actually received it (if you see what I mean).
It would seem ridiculous though if you've phoned up twice to request a bill and have yet to receive one, you would have thought common sense would come into play.
I wonder whether a) they haven't updated the records properly (are the reminders addressed to you or to someone else or just 'the occupier' or b) whether there is a problem with your address. I know sometimes there may be a discrepancy between what the council thinks you address is and where royal mail think your address is (and where it gets delivered).
Do you know what the date for the hearing is? If you have have time I'd email the council point out that you contacted them on x and y occassion and asked for a bill (and you registered within 3 days) and still haven't had one and ask them to look into it urgently and to cancel the summons. I'd also follow this up with a hard copy of the letter as well.
If you haven't got time before the hearing I'd turn up and plead my case to be honest (assuming you can afford to get time off work to go).
df

Claire236

I intend writing to them. Not sure if I can stop it going to court though. The info the court sent is contradictory. One thing says if monthly payments are agreed court action stops but another says proceedings only stop if payment made in full. Wish I had chased them harder now or at least in writing so had more evidence. Life unfortunately makes finding the time to harass the council into doing their job properly difficult. Thanks for your reply

Claire236

I'm just on their website looking for email address. Hearing is on 29 Sep and can't say I trust them to bother to reply before then. I could get time off work and I wonder if it's worth going to argue that the council didn't fulfil their reponsibilities. However as you say if they then say they did send a bill and legally that's enough it's a lot of stress for no result. We were told on the phone the first time that they hadn't sent a bill but obviously can't prove that. The reminders and the summons come to us by name. Thanks for your help

HappyMJ

Claire236 wrote: »

I'm just on their website looking for email address. Hearing is on 29 Sep and can't say I trust them to bother to reply before then. I could get time off work and I wonder if it's worth going to argue that the council didn't fulfil their reponsibilities. However as you say if they then say they did send a bill and legally that's enough it's a lot of stress for no result. We were told on the phone the first time that they hadn't sent a bill but obviously can't prove that. The reminders and the summons come to us by name. Thanks for your help

If they have said they haven't sent a bill then they know they haven't sent it and can't prove that they did. I'd be writing to council demanding they stop the action they are taking, requesting a copy of the bill and offering to pay by direct debit.

dancingfairy

I'd get your email and hard copy sorted as soon as possible, then you'll have to wait and see what happens.
If they fail to reply in a timely manner then you will either have to go and sit down there and demand to speak to someone, or keep phoning them, chasing them or go the hearing and argue your case (or accept that you'll owe the court fees which will be around £90 ish)
Good luck getting it sorted.
df

Claire236

Well emails sent to 4 different email addresses (I'm thinking wide coverage will increase my chances of a response) & hard copy in the post. I guess it's just a waiting game now. The court summons has totally freaked me out so I hope I don't end up having to go to court but I suppose that depends on what the council response is.