Council tax court summons for court costs.

Stockholm88

Hi there,

I dont know if you are still active on this forum but ill give it a go.

I am in a situation where I have a court summons for council tax added to my council tax bill.
They've dragged out the process to give me a definite answer as to what I need to pay monthly and all of a sudden sent me a bill of the whole year plus court summon and a court date.

What can I tell them when I go to court or do I need to go to court or can I contact the council directly to take off the summons? How did you go about this to get it scrapped 5 times?

Thank you

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.

CIS

Stockholm88 wrote: »

Hi there,

I dont know if you are still active on this forum but ill give it a go.

I am in a situation where I have a court summons for council tax added to my council tax bill.
They've dragged out the process to give me a definite answer as to what I need to pay monthly and all of a sudden sent me a bill of the whole year plus court summon and a court date.

What can I tell them when I go to court or do I need to go to court or can I contact the council directly to take off the summons? How did you go about this to get it scrapped 5 times?

Thank you

The issues of that earlier post is a 'work around' that is not an actual 'work around'. The issue rests on pretty well settled law, no matter how much people try to work around it. Having worked in council tax for the better part of 2 decades then, on the balance of probabilities I would have severe doubts over the background of the summons.

Prior to the amount becoming due in full they had to have issued at least one demand notice and at least one reminder/final notice. Providing they were issued to the correct address then it is for you to show otherwise, they have no other obligation to confirm instalments above the statutory requirements.

Venk

Request your help in my case -> Received Summon notice for £90 for skipping 1 month due.

I have missed my council tax payment for November 2019 but then paid pending& future payment on December 2019 which includes summons cost of £90.

Payments:

• £109.56 on 9th Dec [Nov Instalment],
• £108 on 11th Dec[Dec Instalment] and
• £306 on 13th Dec[Jan to March 2020].

History of Notice:

• I received my 1st notice around 18th to 20th of November to pay(109.56) by 24th November (I saw the letter but unfortunately I missed to pay)
• Notice 2 received on 14th of Dec, where I have already paid Nov & Dec instalments(109.56 & 108). But I can see the letter posted on 5th Dec in letter head but I received only on 14th Dec.

I spoke to council officer on phone for revoking summons cost but of no help, so settled all the amount. I had no intention not to pay but somehow I missed my payment for November, let me know what should I do now to get it refunded.

00ec25

Venk wrote: »

I spoke to council officer on phone for revoking summons cost but of no help, so settled all the amount. I had no intention not to pay but somehow I missed my payment for November, let me know what should I do now to get it refunded.

you do nothing because you cannot get a refund

by your own admission you missed a payment date when you had already been notified of the fact you were late

the council are required to send you a letter.

They are not required to ensure you received it within X days, so the fact a letter took from 5th to 14th to reach you is no grounds for you to complain

set up a direct debit, then you will never be late again . And if that means your bank account goes overdrawn then too bad, the bank charges will be cheaper than any court costs from the council for them having to chase you for non payment.