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Council Tax

I am new to this site and can not see anywhere how to created a New Topic so if anyone can assist me that would be most appreciated.

I would like to ask the following question:

Are local councils allowed to issue their own court summonses?

Also if council tax is a civil dept. why are local councils taking people to a Magistrates Court?

Why are local councils proporting to have obtained liability orders which they refuse to send to the individual involved?

If anyone can answer these questions that would be most appreciated,

Thank you

Comments

  • Have you asked the government?
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Answers can be found here:
    https://www.gov.uk/council-tax/working-out-your-council-tax

    Alternatively, contact your local council..
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    This is probably a good place to start.

    The Council Tax (Administration and Enforcement) Regulations 1992

    If you really want good answers on this subject then starting a thread on the Cutting Tax board would probably be your best bet, where experts like Craig (CIS) will probably respond - but you'd better be prepared for a lot of well-deserved flaming!
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Council tax is one of those debts that are taken very seriously, it ain't going away. Why haven't you paid it? How long has it been outstanding for?
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The government is not corrupt.

    You need to pay your tax.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 22 August 2017 at 1:52PM
    It's not a civil debt, which is why a magistrate's court has the power to imprison CT non payers, in extremis. In reality, a liability order and then an attachment of earnings order are the usual consequences. If not in (employed) work or not in receipt of benefits, then they may instruct bailiffs to recover.
    In the vast majority of cases, non-payers who are summonsed do not attend court to dispute the granting of liability orders, although they will have been informed by letter of the application.
    No free lunch, and no free laptop ;)
  • I wonder if this is going in a certain direction.......

    file.php?avatar=11494_1266230285.jpg
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 22 August 2017 at 5:49PM
    I wonder if this is going in a certain direction.......

    file.php?avatar=11494_1266230285.jpg

    There's a good possibility based on previous posts we've had (with comments such as 'proporting to have obtained liability orders' ) but for now lets answer ...

    The court have to approve the council's application for the summonses before they will allow them to be issued. In most cases the council will do all the preparation work as the Magistrates' court doesn't particularly have the time or capacity to do so and the council will also post the authorised summonses.

    The Magistrates' court deal with some civil cases, council tax is one of the few. The Magistrates' court deal with it due to the powers of imprisonment which can come from it as the civil courts don't generally have or use powers of imprisonment.

    There is no requirement in legislation for the council to advise anyone a liability order has actually been granted and there is no requirement to send a person a copy of the order which is granted.

    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.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The council send out letters, usually about 4-6 before it goes to court. If you were waiting on a court summons then that doesn't happen, the last letter gives you a clear chance to pay with 28 days or issue a summary warrant.


    To say you weren't told is just wrong, all the letters didn't get lost in the post.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    bris wrote: »
    The council send out letters, usually about 4-6 before it goes to court. If you were waiting on a court summons then that doesn't happen, the last letter gives you a clear chance to pay with 28 days or issue a summary warrant.


    To say you weren't told is just wrong, all the letters didn't get lost in the post.

    In England and Wales the minimum notice is a demand notice and one reminder before a summons is issued. The summons must be issued before a liability order hearing can be held.

    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.
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