Very scared - court summons

lostmyname

Hello, first of all, apologies if this is in the wrong thread, I tried posting on the CAB but I am not able to.
Also I am an old user (not logged on for a while) so emailed postmaster@moneysupermarket.com for help but it bounced, so created a new account as am so desperate for advice.

Both my husband and myself received court summon for non payment of Council Tax.
My husband is responsible for paying this (our arrangement) and due to financial issues he missed payments then made two payments in one go late, etc. He failed to keep in touch and explain the situation which I am sure would have avoided this. We are both otherwise law abiding citizens and in a bit of a shock that it has gone so far so quickly.

Anyway on the letter it states that if we pay in full, they will not proceed and we do not need to attend the court date. Can you please advise if this still leaves a record on our record anywhere for example for DBS or do we have to mention it in future when applying for credit?

Also when this is over, will I be able to remove my name from the Council Tax bill?

Any advice would be greatly received, really upset that husband failed to keep up payment and contact with the Council and really scared about the fist Summon in my life!

Thank you

boo_star

Non-payment of council tax isn’t a criminal matter so even if it went to court and you were found liable it wouldn’t feature on a DBS check. It also doesn’t get listed on credit checks.

As far as removing your name goes I don’t believe this is possible unless you move out.

System

Everything you need to know is on this webpage from the CAB. Sounds like they're going for a liability order.

https://www.counciltaxadvisors.co.uk/council-tax/liability-orders/

Quite surprised that the bill is in joint names, usually it is only in the name of the main householder.

stevenhp1987

lostmyname wrote: »

Both my husband and myself received court summon for non payment of Council Tax.
My husband is responsible for paying this (our arrangement) and due to financial issues he missed payments then made two payments in one go late, etc. He failed to keep in touch and explain the situation which I am sure would have avoided this. We are both otherwise law abiding citizens and in a bit of a shock that it has gone so far so quickly.

Anyway on the letter it states that if we pay in full, they will not proceed and we do not need to attend the court date. Can you please advise if this still leaves a record on our record anywhere for example for DBS or do we have to mention it in future when applying for credit?

As far as I know, it will not leave any mark on your credit report at this stage. If you lose in court and get a CCJ, it most certainly will ruin your credit report.

lostmyname wrote: »

Also when this is over, will I be able to remove my name from the Council Tax bill?

If you live at the property, you must be named on the council tax. Everyone who lives at the property is jointly liable so if the council wishes they can pursue you for the council tax if they think you have more money than your partner and vice versa.

You cannot be removed from the council tax bill unless you live elsewhere.

System

boo_star wrote: »

Non-payment of council tax isn’t a criminal matter

You can actually be sent to prison for non payment of council tax and last year 100 people were. However that only happens after a Liability Order has been made and not been paid which is the step the OP is at. If you don't pay after a Liability Order has been made then the council can return to court and ask for a committal hearing. The sentence has a maximum of 90 days. My brother recently did this with someone who had refused to pay their council tax for 5 years so it isn't something that is done because you're a few months or even a year behind.

Shakin_Steve

Tarambor wrote: »

Everything you need to know is on this webpage from the CAB. Sounds like they're going for a liability order.

https://www.counciltaxadvisors.co.uk/council-tax/liability-orders/

Quite surprised that the bill is in joint names, usually it is only in the name of the main householder.

Our council tax is in joint names, always has been.

lostmyname

Thank you so much. I don't intend to go to court in fact I made sure my husband paid in full already.
Was most concerned about long term effect, hopefully as paid in full and not going to court, there won't be none. Thank you so much for taking time to reply and advice, Really appreciate it.

lostmyname

Tarambor as of todays date we are up to date. We have however made a few late payments and the last two months have been paid in one go a couple of weeks ago.

However due to late (considered missed for that month) payment they cancelled the monthly arrangement and asked for full settlement of outstanding bill till March 18. In denial, as he had finally made the payments, husband thought he could ignore it (!!!) and carry on paying in monthly instalments. However the Council, on the other hand, by not receiving outstanding in full they issued the Court Summons. It's a timing issue with payments and crock up overall with ignoring the letter and failing to communicate with Council. I am fully aware of more frustrated because it could have been avoided in the first place.

I have received a Summon to Court, the letter does not mention a Liability Order.

It says that ' If the sum shown on the summons is paid in full to xx Council by the preceding the court hearing no further action will be taken and proceedings will be withdrawn'

Voyager2002

stevenhp1987 wrote: »

As far as I know, it will not leave any mark on your credit report at this stage. If you lose in court and get a CCJ, it most certainly will ruin your credit report.

Please note, the Summons is to a Magistrate's Court, not a to a County Court. So there is no possibility of a CCJ, nor any impact on a credit record. Rather, the worst outcome is a prison sentence.

boo_star

Tarambor wrote: »

You can actually be sent to prison for non payment of council tax and last year 100 people were. However that only happens after a Liability Order has been made and not been paid which is the step the OP is at. If you don't pay after a Liability Order has been made then the council can return to court and ask for a committal hearing. The sentence has a maximum of 90 days. My brother recently did this with someone who had refused to pay their council tax for 5 years so it isn't something that is done because you're a few months or even a year behind.

Being a bit pedantic but that’s no longer non-payment of council tax, it’s effectively contempt of court.

stevenhp1987

Voyager2002 wrote: »

Please note, the Summons is to a Magistrate's Court, not a to a County Court. So there is no possibility of a CCJ, nor any impact on a credit record. Rather, the worst outcome is a prison sentence.

Ah, I never knew that, I always assumed a CCJ would follow for non-payment, much like non-payment of debt.

I would class prison sentence as much worse than a tarnished credit history so this would have a worse affect...