Council tax summons which include costs

agrinnall

ChiefGrasscutter wrote: »

Well most "bills" are for service I actually receive and actually want to receive.

Council tax is a bill for a 'service' I used very little of and do not want. It is correctly described as a 'tax' commonly known as either "extortion of money with menaces" or "protection money" were it not the government extracting it by force.

We need a national council tax strike. The scum can jail a few 100's of people - they cannot jail hundreds of thousands of people.

I do not bedrudge my national taxes paid to HMG but I simply HATE my local council both district and county.

Then move to a country that has no local taxes and no local services, I hope you'll be very happy there.

CIS

Ed2000 wrote: »

The Regulations do not allow a claim for costs to be included in the summons.

Costs can only be claimed at the end of the hearing.

Councils are scamming millions of people, a high court case is pending.

At the moment the courts are happy that it isn't illegal - until the courts make their decision it's up in the air. At the moment most council's read the legislation as that all costs incurred in processing the case and taking it to court are costs reasonably incurred - clearly others read it differently.

The actual argument comes down to how the following is read:
"a sum of an amount equal to the costs reasonably incurred by the authority in connection with the application up to the time of the payment or tender,"

It depends on which way you read 'reasonably incurred' - reasonably incurred as in respect of the 'value' of the financial cost or reasonably incurred as in the types of costs incurred in recovering the monies.

Ed2000

a billing authority cannot include a claim for costs in the summons.

Read Reg 33.


costs can only be dealt with at hearing.

booksurr

Ed2000 wrote: »

a billing authority cannot include a claim for costs in the summons.

Read Reg 33.

costs can only be dealt with at hearing.

for the benefit of those who need answers and look to these boards for them because they have not paid their tax and are now facing proceedings, your opinion is just an opinion

Go and win a test case in a higher court and then come back here when your thoughts have proven status. Until then other readers would be best advised to pay heed to answers from those who actually work in CT recovery and issue demands for real!

Ed2000

wrong again

Mohammed, R (on the application of) v London Borough of Southwark [2009] EWHC 311 (Admin) (24 February 2009)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2009/311.html

fed_up_and_stressed

ChiefGrasscutter wrote: »

Well most "bills" are for service I actually receive and actually want to receive.

Council tax is a bill for a 'service' I used very little of and do not want. It is correctly described as a 'tax' commonly known as either "extortion of money with menaces" or "protection money" were it not the government extracting it by force.

We need a national council tax strike. The scum can jail a few 100's of people - they cannot jail hundreds of thousands of people.

I do not bedrudge my national taxes paid to HMG but I simply HATE my local council both district and county.

So if your house was on fire who would you call ? Obviously not the fire brigade then if you don't want to use the services council tax pays for :rotfl:

I take it then you don't ever use the roads / pavements / street lights etc either then :rotfl::rotfl:

molerat

Ed2000 wrote: »

wrong again

Mohammed, R (on the application of) v London Borough of Southwark [2009] EWHC 311 (Admin) (24 February 2009)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2009/311.html

Which, from my skim reading, has nothing to do with the subject of this thread.

Ed2000

read para 31

molerat

Which is still open to interpretation.

CIS

Para 31 of the above case report or Reg 33 of A&E regs 92 make no contradiction or indication that costs cannot be stated at summons stage.

Reg 33 is regarding an Liability Order application following the situation where a final notice has been issued and states

Liability orders: preliminary steps

33.—(1) Subject to paragraph (3), before a billing authority applies for a liability order it shall serve on the person against whom the application is to be made a notice (“final notice”), which is to be in addition to any notice required to be served under Part V, and which is to state every amount in respect of which the authority is to make the application.

(2) A final notice may be served in respect of an amount at any time after it has become due.

(3) A final notice need not be served on a person who has been served under regulation 23(1) with a reminder notice in respect of the amount concerned.

The 'amount' in this case is the amount of council tax outstanding - no need to mention any further amounts as this is covered in Reg 34.

(5) If, after a summons has been issued in accordance with paragraph (2) but before the application is heard, there is paid or tendered to the authority an amount equal to the aggregate of—

(a)the sum specified in the summons as the sum outstanding or so much of it as remains outstanding (as the case may be); and

(b)a sum of an amount equal to the costs reasonably incurred by the authority in connection with the application up to the time of the payment or tender,

The legislation quite clearly differentiates that costs and the amount of council tax due are separate amounts.