Council tax court summons for court costs.

kiddsky

Hi I have a very weird issue.

I owed £125 council tax for my previous property ( well in all fairness they decided that it was me because the first payment when I moved in was made on my card, anyway I've laid that argument to bed)

I received a court summons saying that they're going to court on the 9th August if I don't pay it.

I paid the balance in full on 25th July (have proof). I received a letter today that they have took out a court summons for the court costs!!

I paid 15 days before they went to court, but how can any judge grant them pretty much nothing?

There was a £0 balance apart from the court costs for a court case they didn't have to go to.

Can I appeal it somehow what do I do?

sheramber

The council would incur costs to get the summons issued

CIS

The first question to clarify is when was the original summons dated and when did you clear the council tax balance in full ?

Craig

kiddsky

It was issued before I paid the balance but if the balance is clear why go to court

CIS

kiddsky wrote: »

It was issued before I paid the balance but if the balance is clear why go to court

Any costs will have been shown on the summons - these form part of the balance outstanding and this is enforceable in the same way as the council tax. To clear the balance you would need to clear the costs and council tax charge.

Craig

sheramber

kiddsky wrote: »

It was issued before I paid the balance but if the balance is clear why go to court

The court costs charged are not for going to court. They are the costs for the work involved in getting the summons.

Freecall

Sheramber is correct, the sum you are seeing at present relates to the process of the court issuing the summons.

You need to pay it otherwise, if it reaches court, you will also get the cost of presenting the case added.

JayJay1975

Hi Kiddsky,
I will give you some advice that no one has yet given you.
Do not pay the 'Court costs'. They are unlawful.
Let me explain...

Your local Council would not have followed the correct legal procedure in obtaining a 'Court Summons'. In fact, there is no 'Court Summons'. Need proof? Take your 'Court Summons' into the Magistrates Court and ask them to confirm that they have issued it. They will tell you they have not. They will have no record of it at all and will probably tell you to speak to your local Council about it.
If the Court has not issued the 'Court Summons' then who has? Your local Council.
Take a look at Justice Clerk Rules 2005 (S.I.2005 No. 545) Sch.1 paras 1&2
This clearly states 'A Summons may be issued by a Justice, the Justices' Clerk or a member of the Clerks staff with delegated powers contained in the above.'
Nowhere does it say that a local Council can issue a Court Summons. They can't.
Basically the 'Court Summons' is fake and so is the 'Liability Order' they pretend they get.

I have always struggled with my Council Tax payments. I do pay it and try my best to maintain payments. However, I will not be bullied or intimidated into paying unlawful costs. I have been issued 5 'Court Summons' now by my local Council with costs of around £125 on each one. I have never paid the costs and had them removed every time by challenging them, quoting certain laws, regulations, etc.

If you want further advice I would be very happy to help.

KingS6

JayJay1975 wrote: »

Hi Kiddsky,
I will give you some advice that no one has yet given you.
Do not pay the 'Court costs'. They are unlawful.
Let me explain...

Your local Council would not have followed the correct legal procedure in obtaining a 'Court Summons'. In fact, there is no 'Court Summons'. Need proof? Take your 'Court Summons' into the Magistrates Court and ask them to confirm that they have issued it. They will tell you they have not. They will have no record of it at all and will probably tell you to speak to your local Council about it.
If the Court has not issued the 'Court Summons' then who has? Your local Council.
Take a look at Justice Clerk Rules 2005 (S.I.2005 No. 545) Sch.1 paras 1&2
This clearly states 'A Summons may be issued by a Justice, the Justices' Clerk or a member of the Clerks staff with delegated powers contained in the above.'
Nowhere does it say that a local Council can issue a Court Summons. They can't.
Basically the 'Court Summons' is fake and so is the 'Liability Order' they pretend they get.

I have always struggled with my Council Tax payments. I do pay it and try my best to maintain payments. However, I will not be bullied or intimidated into paying unlawful costs. I have been issued 5 'Court Summons' now by my local Council with costs of around £125 on each one. I have never paid the costs and had them removed every time by challenging them, quoting certain laws, regulations, etc.

If you want further advice I would be very happy to help.

Is there any mainstream media coverage or third party evidence of this working?

Freecall

JayJay1975 wrote: »

Hi Kiddsky,
I will give you some advice that no one has yet given you.
Do not pay the 'Court costs'. They are unlawful.
Let me explain...

Your local Council would not have followed the correct legal procedure in obtaining a 'Court Summons'. In fact, there is no 'Court Summons'. Need proof? Take your 'Court Summons' into the Magistrates Court and ask them to confirm that they have issued it. They will tell you they have not. They will have no record of it at all and will probably tell you to speak to your local Council about it.
If the Court has not issued the 'Court Summons' then who has? Your local Council.
Take a look at Justice Clerk Rules 2005 (S.I.2005 No. 545) Sch.1 paras 1&2
This clearly states 'A Summons may be issued by a Justice, the Justices' Clerk or a member of the Clerks staff with delegated powers contained in the above.'
Nowhere does it say that a local Council can issue a Court Summons. They can't.
Basically the 'Court Summons' is fake and so is the 'Liability Order' they pretend they get.

I have always struggled with my Council Tax payments. I do pay it and try my best to maintain payments. However, I will not be bullied or intimidated into paying unlawful costs. I have been issued 5 'Court Summons' now by my local Council with costs of around £125 on each one. I have never paid the costs and had them removed every time by challenging them, quoting certain laws, regulations, etc.

If you want further advice I would be very happy to help.

Talk about bar room lawyers, what utter rubbish and more importantly dangerous advice.

You obviously do not have any experience of a court room where Council Tax recovery action is taking place but I can assure you that every possible legal aspect which might cause problems with 'technicalities' is covered.

The Cheif Legal Officer of the collecting authority will even present minutes of the council meeting where the original CT was set along with their own letters of authority and ID to prove who they are as well as a host of other supporting documentation.

I suggest you look at the relevant legislation which is The Council Tax (Administration and Enforcement) Regulations 1992.

http://www.legislation.gov.uk/uksi/1992/613/regulation/34/made

Try reading sub-sections 5,6,7 & 8.

As a rule of thumb, all such legislation and processes work because they have to. If not then there would be mass non-payment of legal costs.

KingS6

Freecall wrote: »

Talk about bar room lawyers, what utter rubbish and more importantly dangerous advice.

You obviously do not have any experience of a court room where Council Tax recovery action is taking place but I can assure you that every possible legal aspect which might cause problems with 'technicalities' is covered.

The Cheif Legal Officer of the collecting authority will even present minutes of the council meeting where the original CT was set along with their own letters of authority and ID to prove who they are as well as a host of other supporting documentation.

I suggest you look at the relevant legislation which is The Council Tax (Administration and Enforcement) Regulations 1992.

http://www.legislation.gov.uk/uksi/1992/613/regulation/34/made

Try reading sub-sections 5,6,7 & 8.

As a rule of thumb, all such legislation and processes work because they have to. If not then there would be mass non-payment of legal costs.

FMOTL wibble.