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Confusing Council Tax Summons and Letter

[Deleted User]
[Deleted User] Posts: 7,323 Forumite
Part of the Furniture 1,000 Posts Name Dropper
edited 18 August 2016 at 3:40PM in Debt-free wannabe
This hasn't happened to me before. I am about three months behind in council tax payments. I think. I hadn't made an arrangment to pay, I just got a bit overwhelmed as lots of things going on and some mental health issues and I'm a carer for two kids with ASD. Going through diagnosis myself.

So didn't pay for about three months.

No warning letter (don't they have to send one?).., today received what looks like a court summons asking for £176 plus £60 costs.., and another £50 if I don't pay by the 5th September court date (of course its the day my youngest goes back to school).

Then in the same envelope is a letter saying I don't need to go to court as "an arrangement has been made on your account £57.20 per month" from 30th September. This totals £285. I only pay partial council tax - get some reduction.

Have to be honest, I am a bit confused about what I have to pay. I did go to the council to sort out HB and council tax payments but didn't really get the situation clarified. Because my older son left college, he became an independent adult but will be a student again in September so the amount I have to pay keeps changing. Its changed three times already and I get confused.

And now I'm even more confused.., one letter says I'm going to court.. unless I pay the amount in full (and the amount might as well be whipped out the air, I thought I was paying a lot less than that), then there's costs.., but the next letter says they aren't taking me to court - (am I still paying costs?) and the amount they want is even higher - £285.

Tried to phone, after a long wait the phone cut off and I'm not sure I'd make sense to them, panicking a bit, not good on the phone or in person I get stressed.

Comments

  • louby40
    louby40 Posts: 1,612 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Hi
    Can you email them and ask them to clarify? I know my council tax department are hopeless at answering the phone but seem to respond to emails

    Hope you get it sorted.

    Louby
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Then in the same envelope is a letter saying I don't need to go to court as "an arrangement has been made on your account £57.20 per month" from 30th September. This totals £285. I only pay partial council tax - get some reduction.

    It's confusing but I can see what they've done.

    They're still summonsing you and planning to obtain a liability order but the second letter is saying that, subject to the council obtaining the liability order, they are willing to accept a payment arrangement on the total balance (that given in the letter) rather than take further enforcement action (such as an enforcement agent).

    Effectively they're giving you one last chance, under the assurance of the liability order, to make payments.

    The summons has to tell you that you can pay in full before court - the arrangement is letter is for if you can't pay in full before then.

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi Deannatrois,



    Cross - posts with CIS

    I think getting written clarification is a good idea, but based on what you have said, the council appear to have called in the remaining payments of council tax for this year because of the missed payments. This means they need to go to court and get a Liability Order - you do not need to attend this hearing. The arrears of the 3 months worth of missed payments, plus the remaining payments for the year plus the court costs appear to total £285.


    What they also seem to be saying is that they are willing to accept instalments of £57.20 per month (payable on the 30th of the month) to clear the debt by January 2017. This would mean that these instalments are higher than what you used to pay because it is more money owed over a shorter period of time, plus court costs. And it would seem as though they are willing to accept this rather than enforcing the liability order (potentially with bailiffs). Email or write to the council and ask them to clarify if that is the case and bear in mind if it goes to bailiffs there will be more costs (and stress). Good luck,


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This hasn't happened to me before. I am about three months behind in council tax payments. I think. I hadn't made an arrangment to pay, I just got a bit overwhelmed as lots of things going on and some mental health issues and I'm a carer for two kids with ASD. Going through diagnosis myself.

    So didn't pay for about three months.

    No warning letter (don't they have to send one?).., today received what looks like a court summons asking for £176 plus £60 costs.., and another £50 if I don't pay by the 5th September court date (of course its the day my youngest goes back to school).

    Then in the same envelope is a letter saying I don't need to go to court as "an arrangement has been made on your account £57.20 per month" from 30th September. This totals £285. I only pay partial council tax - get some reduction.

    Have to be honest, I am a bit confused about what I have to pay. I did go to the council to sort out HB and council tax payments but didn't really get the situation clarified. Because my older son left college, he became an independent adult but will be a student again in September so the amount I have to pay keeps changing. Its changed three times already and I get confused.

    And now I'm even more confused.., one letter says I'm going to court.. unless I pay the amount in full (and the amount might as well be whipped out the air, I thought I was paying a lot less than that), then there's costs.., but the next letter says they aren't taking me to court - (am I still paying costs?) and the amount they want is even higher - £285.

    Tried to phone, after a long wait the phone cut off and I'm not sure I'd make sense to them, panicking a bit, not good on the phone or in person I get stressed.

    Out of curiosity - which local authority are you in ?. For me current work I like to try and keep up to date with what actions councils are taking.

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 18 August 2016 at 11:25PM
    Gravesham.., no warning letter, just this.

    I will have to go to the civic centre tomorrow and try and sort this out but I'm just useless at covering multiple issues and its quite scary. Last time I went I didn't get an understanding of what they were doing and what I needed to pay (I asked to pay a direct debit for rent each month and was told to wait until an overpayment for HB was paid as that would affect the amount I needed to pay.., which sounds great but doesn't help me with knowing what I need to pay and when. I didn't even get to council tax on this visit.

    Because I don't have an official diagnosis, in spite of having two sons with ASD, I don't get any help right now. Been a bit of a mess up getting the diagnosis sorted (don't ask) so i have a half one at the moment, awaiting further tests. I have SOD on my shoulder constantly. lol.

    I don't really understand what I owe, if I should owe it.., no payment agreement was made, and why I didn't get a warning before they issued a summons.., and if the summons is going to go ahead. But I guess I'll find out tomorrow.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 20 August 2016 at 2:17AM
    Hi Deannatrois,



    Cross - posts with CIS

    I think getting written clarification is a good idea, but based on what you have said, the council appear to have called in the remaining payments of council tax for this year because of the missed payments. This means they need to go to court and get a Liability Order - you do not need to attend this hearing. The arrears of the 3 months worth of missed payments, plus the remaining payments for the year plus the court costs appear to total £285.


    What they also seem to be saying is that they are willing to accept instalments of £57.20 per month (payable on the 30th of the month) to clear the debt by January 2017. This would mean that these instalments are higher than what you used to pay because it is more money owed over a shorter period of time, plus court costs. And it would seem as though they are willing to accept this rather than enforcing the liability order (potentially with bailiffs). Email or write to the council and ask them to clarify if that is the case and bear in mind if it goes to bailiffs there will be more costs (and stress). Good luck,


    Laura
    @natdebtline

    Many thanks for your answer, I've written an email to my Housing Officer asking him to clarify what I owe. I've been a bit overwhelmed so just put rent/council tax to the back of my mind. I've paid £200 rent (should almost clear what I owe) and £100 towards the council tax, with a similiar amount to be paid next week in total. Once I've got the amounts I owe, I'll figure out what to pay where.

    Also need to know if the council still proposes to get a liability order in case I am unable to completely clear the council tax arrears. Then I'll set up a direct debit although the amount of rent/council tax to be paid will be negligible once my older son starts college (I think). Its all a bit confusing as he's now 20 so might still be considered an independent adult.

    Just hoping he answers. I've asked him to confirm receipt of my email. He usually doesn't.
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