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Council Tax Issue
daggy
Posts: 1,167 Forumite
Evening All,
To keep a long story short my Mum passed away in February (I was caring for her), so I've had to transfer everything at home over to me..
When I first transferred the council tax I was advised the payments would be odd for a while as they're having to bill me over less than a year.
My council's (north tyneside) system for checking the balance of your account is offline (and has been for months) - something they acknowledged on the phone.
Anyway, essentially I get paid 15th of each month and tax is due 20th (I think).. as I have no way of checking what I owe each month I've been waiting for the reminder letter and paying whatever they ask me too... they suggested this months ago on the phone when they couldn't work out what I needed to pay
Anyway, I've just received a final reminder asking for the total amount and when I rang them the woman basically said tough, you'll have to wait until we take you to court and incur the costs.
I've acted in good faith here and have paid whatever I was asked, whether that be over the phone or via a letter.. is there anything I can do?
I was off work for 3 months after my Mum passed and I've been dealing with contract disputes, messed up pay etc at work which hasn't helped the whole situation, subsequently I've held off setting up a direct debit for council tax.... bleuerghh!!!!
To keep a long story short my Mum passed away in February (I was caring for her), so I've had to transfer everything at home over to me..
When I first transferred the council tax I was advised the payments would be odd for a while as they're having to bill me over less than a year.
My council's (north tyneside) system for checking the balance of your account is offline (and has been for months) - something they acknowledged on the phone.
Anyway, essentially I get paid 15th of each month and tax is due 20th (I think).. as I have no way of checking what I owe each month I've been waiting for the reminder letter and paying whatever they ask me too... they suggested this months ago on the phone when they couldn't work out what I needed to pay
Anyway, I've just received a final reminder asking for the total amount and when I rang them the woman basically said tough, you'll have to wait until we take you to court and incur the costs.
I've acted in good faith here and have paid whatever I was asked, whether that be over the phone or via a letter.. is there anything I can do?
I was off work for 3 months after my Mum passed and I've been dealing with contract disputes, messed up pay etc at work which hasn't helped the whole situation, subsequently I've held off setting up a direct debit for council tax.... bleuerghh!!!!
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Comments
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link to the check your account function which has never worked
https://my.northtyneside.gov.uk/category/101/check-your-account0 -
Anyway, I've just received a final reminder asking for the total amount and when I rang them the woman basically said tough, you'll have to wait until we take you to court and incur the costs.
That isn't good enough. Our council does have the same attitude but our MP has reminded them that there is no obligation on them to have a court order (with all the costs that involves) before accepting an instalment plan.
As long as you can clear this amount in the current financial year (so 6 instalments) there's no reason why that should not be accepted.
Your local councillor may be able to put pressure on them. You can contact them (and your MP if you like) by putting your postcode in here
https://www.writetothem.com/0 -
North Tyneside aren't the only local authority in the area who have had dodgy online council tax access at times.
There is however no legal requirement for them to offer online access to view a balance. Where they have been sending a council tax demand notice it is up to yourself you keep check of the balance and make sure payment is made on time as per the demand notice.
Legislation provides for a maximum of 2 reminder and then a final notice in respect of anyone council tax demand notice that was sent out. After this a court summons would be issued if the balance was still unpaid.
Legally there is nothing you can do other than to comply otherwise the council are free to take the action they propose.
You could try and make a complaint regarding the online access problems and that may change their mind but that would be at their discretion.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.0 -
Since your mum has passed, have you been claiming the single person's 25% discount?0
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Nor, as the MP should note, is there any legal requirement for them to offer another payment arrangement once a final notice has been issued (or the right to instalments be lost by another means).That isn't good enough. Our council does have the same attitude but our MP has reminded them that there is no obligation on them to have a court order (with all the costs that involves) before accepting an instalment plan.
As long as you can clear this amount in the current financial year (so 6 instalments) there's no reason why that should not be accepted.
The morals behind payment and action can be debated (and have been) until the cows come home but the legislation as it stands provides that a council giving 3 chances before running out of patience is a reasonable provision. It was never intended in legislation to allow a person to end of the year to clear a balance where payment has been defaulted on unless the council wish to take the financial risk and delay recovery themselves.
By all means a person can (and should) ask for another arrangement but a refusal by the council is not legally wrong.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.0 -
North Tyneside aren't the only local authority in the area who have had dodgy online council tax access at times.
There is however no legal requirement for them to offer online access to view a balance. Where they have been sending a council tax demand notice it is up to yourself you keep check of the balance and make sure payment is made on time as per the demand notice.
Legislation provides for a maximum of 2 reminder and then a final notice in respect of anyone council tax demand notice that was sent out. After this a court summons would be issued if the balance was still unpaid.
Legally there is nothing you can do other than to comply otherwise the council are free to take the action they propose.
You could try and make a complaint regarding the online access problems and that may change their mind but that would be at their discretion.
Thanks - what I'm confused about is every time they've sent a notice I have paid within 7 days; as an example of where the confusion comes from 2 months ago they asked for £50ish quid, which I paid, then last month £79, which I paid... it fluctuates each month which is why I have to wait for the reminder as I have no idea how much to pay.
The lady on the phone incinuated I was constantly in arrears, but if I'm paying what they ask I'm not sure what more I should do.Since your mum has passed, have you been claiming the single person's 25% discount?
Yeah, so when I got the initial buill (feb/march time) I rang to clarify all of this and the person I spoke to (whoi was trying to help) explained that I was better off paying more the first month (which I did), then paying whatever was requested.. she mentioned it would then even out, but it hasn't.Nor, as the MP should note, is there any legal requirement for them to offer another payment arrangement once a final notice has been issued (or the right to instalments be lost by another means).
The morals behind payment and action can be debated (and have been) until the cows come home but the legislation as it stands provides that a council giving 3 chances before running out of patience is a reasonable provision. It was never intended in legislation to allow a person to end of the year to clear a balance where payment has been defaulted on unless the council wish to take the financial risk and delay recovery themselves.
By all means a person can (and should) ask for another arrangement but a refusal by the council is not legally wrong.
Yeah, I'm just confused as I've never received a second reminder (always paid within seven days of initial one) and when ringing to explain I'd like to pay nobody mentioned they were cumulative.
Also checked last months and there's no mention of it being a second reminder or cumulative...
I'm a little confused by the whole thing.
I've acted in good faith and did what was asked, which is why it's so frustrating.0 -
That isn't good enough. Our council does have the same attitude but our MP has reminded them that there is no obligation on them to have a court order (with all the costs that involves) before accepting an instalment plan.
As long as you can clear this amount in the current financial year (so 6 instalments) there's no reason why that should not be accepted.
Your local councillor may be able to put pressure on them. You can contact them (and your MP if you like) by putting your postcode in here
https://www.writetothem.com/
Thank you - I will.
I agree... it;s definitely not good enough.
Yeah - I've paid whatever was asked of me.. so I'm a little annoyed about the whole thing.
The lack of empathy is a little frustrating too.. as we pay them more and more for less and less, bu that's a whole different issue.0 -
Yeah, I'm just confused as I've never received a second reminder (always paid within seven days of initial one) and when ringing to explain I'd like to pay nobody mentioned they were cumulative.
In order for a Final Notice to be issued in these cases a Second Reminder would have to have been issued. Paying a First or Second Reminder within 7 days don't reset the fact one has been issued, it just stops you losing the right to instalments at that immediate point.
A Reminder Notice isn't intended as a polite nudge to pay, it's intended as a formal warning that payment has been defaulted on.Yeah - I've paid whatever was asked of me.. so I'm a little annoyed about the whole thing.
Paying is not the whole requirement though - the requirement is to pay the amount by the payment date. As above, where a Reminder Notice is issued then, even if you pay, it crosses off one of the three (maximum) chances to pay that you are given before a summons can be issued.
From a legislative point you haven't - the 'asking you to pay' stage was the original Demand Notice, the Reminder Notices are warnings that you have defaulted, not a notice that you might.I've acted in good faith and did what was asked, which is why it's so frustrating.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.0 -
If you're going to have an argument with them (or someone doing it on your behalf) you will need to act promptly to strengthen your position. You will soon receive a notice of a court hearing that will outline the extra costs. We want to avoid those.
Obviously if you can pay the year in full now, do it - that's the best.
If not, then we want to spread the remaining balance over 6 instalments. However our councils say they won't help you to do that. So you have to force the money on them. On the council website or your bill you may find the sort code and account number they use for payments. That, and your reference number, will allow you to set up a standing order for six instalments.
If you can't find it, you'll have to phone them for it. But making payments is the best argument that they don't need a court order at this time (they've got 6 years).
If necessary I can dig out our MP's letter which included a lot of research from the House of Commons Library and a lot of criticism of the council.0
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