Direct Debit - unauthorised payment taken

Johnnytwostep

Gold_Anaconda wrote: »

I had this today, an unsigned e-mail from the council, someone claiming to be a revenue officer, I e-mailed back asking who they were?... seems they seem to do and act as they please. Do you think the standing order would work for me? I'm looking to pay about £20 a month on a few hundred of back dated debt they say I owe. I think this is reasonable, they don't. I'm not giving them anymore that what I've said I'll pay already. What I need to know is if they do refuse on what grounds can they do this ? What Law etc.

you may not have a choice

you dont like paying your dues do you?

Exile_geordie

Johnnytwostep wrote: »

you may not have a choice

you dont like paying your dues do you?

they may not have a choice but I don't think anyone likes paying their 'dues' and the OP isn't not wanting to pay them but they appear to not want to pay as much as the council want them too.

zenmaster

The facility to pay monthly is a privilege, not a right.

If you have abused this privilege then it will be withdrawn.

I would pick your battles carefully - you can go to jail for not paying council tax.

System

powerful_Rogue wrote: »

Local Government Finance Act (LGFA) 1992

I cannot see where within this Act it states that the council can refuse an offer to pay. Can you pin point me where it does? Thanks

http://www.legislation.gov.uk/ukpga/1992/14/contents

System

CIS wrote: »

To add to the post above, its the Council tax (administration & enforcement) regs 1992 (as amended) which lay out the actual recovery route, the LGFA 1992 lays out the basic framework for council tax.

Once you have lost the right to pay by instalments (which is before the summons is issued) then the full monies become due. As you will see in the A&E regs (from reg 33 onwards) there is actually no recovery option specified for payment by instalments, any payment arrangement given by the council is discretionary and not covered within the specific legislation.

Same question to you as above .

http://www.legislation.gov.uk/uksi/1992/613/contents/made

CIS

Gold_Anaconda wrote: »

Same question to you as above .

http://www.legislation.gov.uk/uksi/1992/613/contents/made

Under common law the council cannot refuse to accept payments against a debt but in council tax legislation there is no requirement to enter in to any formal payment arrangement - the prescribed recovery actions in law are attachment of earnings/benefit, enforcement agent, charging order, bankruptcy or committal to prison.

Anything outside of these is at the discretion of the council - just because something isn't covered in legislation does not make it an automatic right, if it's not in legislation it effectively becomes an agreement, a contract between parties, which requires both sides to agree.

System

CIS wrote: »

Under common law the council cannot refuse to accept payments against a debt but in council tax legislation there is no requirement to enter in to any formal payment arrangement - the prescribed recovery actions in law are attachment of earnings/benefit, enforcement agent, charging order, bankruptcy or committal to prison.

Anything outside of these is at the discretion of the council - just because something isn't covered in legislation does not make it an automatic right, if it's not in legislation it effectively becomes an agreement, a contract between parties, which requires both sides to agree.

Bit of a muddle to understand there.

Effectively then they ARE duty bound to accept whatever I offer in accordance with common law, but where within common law is this stated? I'm looking but cannot find it. Thank you thus far.

''attachment of earnings/benefit, enforcement agent, charging order, bankruptcy or committal to prison.'' - this would never happen for a few hundred pounds debt. If the council employ their own debt collectors for a few hundred pounds to my home they will get no where. I know exactly how to protect myself from threats and intimidation.

Could you possibly point me to which clause within which act gives the council powers to issue late payment charges/fines ? Many thanks.

CIS

Effectively then they ARE duty bound to accept whatever I offer in accordance with common law, but where within common law is this stated? I'm looking but cannot find it. Thank you thus far.

No muddle - - you can't prevent someone from making payment towards a debt (well, excepting rules on legal tender) but the creditor is not obliged to enter a formal payment arrangement.

Common law isn't written down - it's evolved over time as case law and is accepted as being the correct way of doing things.

''attachment of earnings/benefit, enforcement agent, charging order, bankruptcy or committal to prison.'' - this would never happen for a few hundred pounds debt. If the council employ their own debt collectors for a few hundred pounds to my home they will get no where. I know exactly how to protect myself from threats and intimidation.

There's no minimum limit for issuing an attachment of earnings/benefit or instructing an enforcement agent nor is there for issuing a summons for committal. If you think action can't or won't progress for a few hundred pounds then you're mistaken.

There are no late payment charges for council tax - the only charges from the council are for issuing the summons/obtaining the liability order.

agrinnall

Gold_Anaconda wrote: »

where within common law is this stated? I'm looking but cannot find it.

I don't know where you're looking but as there is no written common law it's clearly in the wrong place. Do yourself and the rest of the CT payers in your area a favour and just pay what you owe.

stugib

Gold_Anaconda wrote: »

I had this today, an unsigned e-mail from the council, someone claiming to be a revenue officer, I e-mailed back asking who they were?... seems they seem to do and act as they please. Do you think the standing order would work for me? I'm looking to pay about £20 a month on a few hundred of back dated debt they say I owe. I think this is reasonable, they don't. I'm not giving them anymore that what I've said I'll pay already.

The method of payment seems a complete red herring to me, and the party who seems to be seeming to "do and act as they please" seems to be you.

Get an agreement with them on how much they'll accept you paying per month given your circumstances and for them not to take it further, and stick to it. I don't see why you think you should dictate how much of your debt is convenient for you to pay. I don't imagine at that point they'll be that bothered whether its a DD or SO as long as you keep up payments.