Council Tax

MissBehave86

Unsure where to post this... but need to know my rights and legal stance... Could be a long post, please bear with me...

I have recently moved house, had keys from 12th December 2016, moved in 6th January 2017. Registered with new council end of January. Been sent a notice of me needing to pay £350. I am not disputing the charge... however I am trying to come to a payment arrangement as they want me to pay the whole amount in one payment. I can not afford this. I budget £100 pcm for my council tax. Have actually budgeted more for next year to clear this payment and have the account up to date for the end of the next financial year. Northumberland council are adament that I should be able to pay in one lump sum. Telling me that as I have £100 per month it would only leave a shortfall of £50.

I explained to them that I have 2 paydays before end of March, so I am willing to pay £100 Feb and March, but January's amount ended up being used on food and other essentials as I didn't have any account numbers to pay this into, and I wasn't prepared to go without food and other little bits and pieces that I needed to get me through the month. Anyways, this woman via email has basically told me I have to pay the whole charge by 31st March or it will go through to recovery, and they will then add £100 on top of this. She later appeared to be hinting it would go straight to court.... Then in the last message (I am yet to reply to) she is telling me she will put my account on until Mid April to give me a chance to pay up...

Another issue I have is I prefer to pay by Standing Order (I do not like Direct Debits so only have what I need to pay by DD). She isn't saying I can not pay by Standing order, but says if this is the way I want to pay I have to pay by the 28th of the previous month to make the 1st of the month pay deadline. Where as only DD payers have the option to pay on the 15th or 28th of the month.

I used to live in Gateshead, and Gateshead council never gave me this much trouble... I understand they are different councils, but a little bit of understanding would be helpful. I'm not asking her to pay it for me, or turn a blind eye, just be a little on the sympathetic side, and give a little bit more time to pay... Where do I stand on this? Or do I need to do with out food for the next couple of months?

lincroft1710

If they are willing to put your account on hold until April, where is the problem? The council are being generous as they can demand the account be settled immediately. It also took you 6 weeks from getting the keys, to informing the council, you were the new occupier

MyOnlyPost

You are responsible for your bills. If you spent the money in January on something else this isn't the councils fault. With council budgets stretched beyond belief why do you think they would be willing to give you extra consideration? Sometimes we simply have to take responsibility for our action, when you moved you knew you were liable for the council tax and chose not to notify the council immediately.

Have you checked to see if you are due a rebate from your previous council as you have probably overpaid if you didn't miss any payments?

marliepanda

You can't have budgeted £100 a month, as £100 a month is December, Jan, Feb and march, £400, and they only wanted £350.

You knew it was due, and didn't keep aside or pay. You'd have had the bill earlier if you told them when you actually became liable.

booksurr

MissBehave86 wrote: »

need to know my rights and legal stance...

your rights are that you are legally required to pay council tax as you are the occupier

the tax is a daily charge. The Council Tax Regulations 1992 (ie the law) Schedule 1 Instalment Schemes Part 1 para 4. "Where the demand notice is issued between 1st January and 31st March in the relevant year, the aggregate amount is to be payable in a single instalment on such day as is specified in the notice."
http://www.legislation.gov.uk/uksi/1992/613/schedule/1/made

So your "right" is to be billed in a lump sum given you notified the council of your existence in January. Anything else is down to the attitude and willingness of the council to offer alternatives at their discretion. Let us hope you have not started negotiations by demanding "rights" when it is they who set the terms, not you.

the collection dates are as decided by the council, they can set whatever dates they want, for whatever collection method they choose - para 2.(4) "The months in which the instalments are payable must be uninterrupted, but subject to that are to be such months in the relevant year as are specified in the notice; and the instalments are to be payable on such day in each month as is so specified."

How your previous council did it is irrelevant, and how Northumberland choose to set their instalments is down to them, it is your "right" to comply with their rules or face the enforcement action they are entitled to take against you.

MissBehave86

I am not in anyway saying I am not paying the bill. And yes it took me a while to inform them - I wasn't aware I needed to as when I moved into the old property the old council had it all sorted, I just needed to wait until I had the bill through. It wasn't until I was looking at the new councils website for something unrelated I had come across information saying I needed to ring them and inform them - the woman I spoke to assured me it was alright as I was on the phone in a flap because of it.

Anyways I wasn't asking for anyone's opinions on my handling of my personal accounts, I was asking for help regarding where I stand with them trying to charge me extra and explaining the back story... If I had of known everyone else was so perfect I wouldn't have bothered.

But FYI I wasn't up to date with council tax in old place. I did have an agreement in place with them. And it was due to be sorted End of March. This wasn't due to me just deciding I wasn't paying certain things - it was due to issues with employment and 0 hours contracts and benefits... These had been ongoing issues from circa 2012! So I think I did quite well managing to get back on top of things within 4 years.

I am not asking for special permissions for anything. Just wanting to know where I stand with them telling me about this extra charge (which I have never been threatened with before), and them expecting this one large payment instead of exploring other options.

MissBehave86

marliepanda wrote: »

You can't have budgeted £100 a month, as £100 a month is December, Jan, Feb and march, £400, and they only wanted £350.

You knew it was due, and didn't keep aside or pay. You'd have had the bill earlier if you told them when you actually became liable.

I already explained to them the payment in Decemeber was paid to the old council as I was still living there until I moved in January. And I have explained further down why I didn't inform them earlier. January I didn't pay because of needing to eat and heat my home.

MissBehave86

booksurr wrote: »

your rights are that you are legally required to pay council tax as you are the occupier

the tax is a daily charge. The Council Tax Regulations 1992 (ie the law) Schedule 1 Instalment Schemes Part 1 para 4. "Where the demand notice is issued between 1st January and 31st March in the relevant year, the aggregate amount is to be payable in a single instalment on such day as is specified in the notice."


So your "right" is to be billed in a lump sum given you notified the council of your existence in January. Anything else is down to the attitude and willingness of the council to offer alternatives at their discretion. Let us hope you have not started negotiations by demanding "rights" when it is they who set the terms, not you.

the collection dates are as decided by the council, they can set whatever dates they want, for whatever collection method they choose - para 2.(4) "The months in which the instalments are payable must be uninterrupted, but subject to that are to be such months in the relevant year as are specified in the notice; and the instalments are to be payable on such day in each month as is so specified."

How your previous council did it is irrelevant, and how Northumberland choose to set their instalments is down to them, it is your "right" to comply with their rules or face the enforcement action they are entitled to take against you.

thanks. I haven't demanded any "rights" to them, all I have done is request more time to pay.

booksurr

MissBehave86 wrote: »

thanks. I haven't demanded any "rights" to them, all I have done is request more time to pay.

OK, fair enough. Then the best they should offer is a payment plan which means you will clear the debt in full by the end of March. No council in today's world will allow you to go over into next year as part of an initial offer. If you do go over then expect their attitude to harden dramatically and for you to be taken to court for non payment.

Sorry if you are struggling with money, but you need to revisit your budget and prioritise food, council tax, rent (if applic) in that order, everything else comes after until you have your finances stable again.

MissBehave86

lincroft1710 wrote: »

If they are willing to put your account on hold until April, where is the problem? The council are being generous as they can demand the account be settled immediately. It also took you 6 weeks from getting the keys, to informing the council, you were the new occupier

The problem is the charge they have threatened me with. £100 for it going to recovery, when it does't need to go that far. And in putting the account on hold until mid April, it isn't actually hitting any more pay days. So will be no further forward

booksurr

MissBehave86 wrote: »

The problem is the charge they have threatened me with. £100 for it going to recovery, when it does't need to go that far. And in putting the account on hold until mid April, it isn't actually hitting any more pay days. So will be no further forward

they are doing what the law (and those taxpayers who do pay on time) expect them to do - collect the full amount due within the tax year it relates to

a "threat" of £100 is very real and the amount is about the norm for anyone who ends up in council tax "recovery" action. It is there to make you do your utmost to avoid it!

Do remember that, although you would have to be very, very, seriously behind in payments, council tax non payment is a criminal offence and if they really go to town on you you could end up being fed for free because you'll be "eating at her majesty's pleasure" in prison - although of course that is very rare to get that far.