Council Tax summons... I've paid it! help!

MartBear

Hi,

Ok, I pay our council tax every money. We get a discount, and it works out at 20.87 a month.

However, this year we never received a bill. So I have carried on paying what I paid last year, due to anxiety issues,I have trouble with calls or going into the office so never went to sort it out and get one sent. But I just paid what I was paying previously. (its been the same give or take a few pence for 3 years)

We've had no letters to say a payment was missed,and I have receipts for all my payments. A different day of the month each time, but always in the month the money is paid.

This Thursday (22nd) I needed to go to the council anyway, as we needed proof of housing benefit for some assisted living help. I took someone with me, and it was a real struggle, but as I was there anyway I brought up the council tax, and asked for a letter with our updated bill and payments. They checked my account then and there, said that was fine, and said it will be sent in the post.

Today, got a letter from the council. Not our tax bill as expected, but instead a court summons.

They're saying we owe them £82.27 (not sure if this is missed payments, or the payment til the end of the year)

and they're adding £60 charges (how the hell do I get this removed)

But I cant find out why it's become a summons. We've had no communication with them and I have proof of payment. i cant go to them on monday, as we have the assisted living team coming out. So it will be Tuesday before I can even consider going to them, and thats if I dont have a massive anxiety attack.

3 days of stress and anxiety to come, but of course the offices will worry you on a weekend, but they're not open to actually talk to so I cant do anything... is there anyone here who can help ease my worries and concerns?

What is the £82? missing payments, or payments still due? and is that 60 able to be removed?

CIS

Prior to a summons at least one reminder notice has to have been issued - it is a legal requirement. Note that they don't have to ensure receipt, they just have to correctly address and post it by normal post.

A different day of the month each time, but always in the month the money is paid.

Unless you're paying in the previous month so your ahead of time or you have a payment date later in the month then paying past the 1st of each month will always put you behind on your payments.

Today, got a letter from the council. Not our tax bill as expected, but instead a court summons.

A summons will show the entire years remaining balance + court costs. The costs will not be removed unless the council agree to or the refuse to grant them (or the council agree not to pursue the summons).

MartBear

I always pay between the 1st and 15th, depending on when my payments fall along with other bills. I've never had an issue. Oh I did once, 4 years ago. Because I made a silly mistake and got confused about what I'd paid and missed it for 4 weeks, so then I got a reminder. Cleared it instantly. But I've never had any issue with the 1-15th routine, despite being behind as you say. Think I'll try from next year to pay the month ahead instead, by just paying when I have the free month, and continuing on like that.

With the costs being removed, you said it could be if the council agree not to pursue. So if I go and see them, and prove that I have paid every month... and explain I never received any notice... if they then agree it was a mistake, and I go back to my payment schedule, would that wipe out the £60 as we've not gone to court, despite the date being set?

I dont mind waiting to see them and getting it sorted, the real stress is this extra £60 as I just dont get why it happened and why I wasn't warned. So if it is able to be removed, it would do me the world of good as thats what's causing the most anxiety as I feel like I'm being charged for a criminal activity (especially since it's a court summons) without warning or explanation, right next to Christmas.

Robbie64

MartBear wrote: »

I always pay between the 1st and 15th, depending on when my payments fall along with other bills. I've never had an issue. Oh I did once, 4 years ago. Because I made a silly mistake and got confused about what I'd paid and missed it for 4 weeks, so then I got a reminder. Cleared it instantly. But I've never had any issue with the 1-15th routine, despite being behind as you say. Think I'll try from next year to pay the month ahead instead, by just paying when I have the free month, and continuing on like that.

With the costs being removed, you said it could be if the council agree not to pursue. So if I go and see them, and prove that I have paid every month... and explain I never received any notice... if they then agree it was a mistake, and I go back to my payment schedule, would that wipe out the £60 as we've not gone to court, despite the date being set?

I dont mind waiting to see them and getting it sorted, the real stress is this extra £60 as I just dont get why it happened and why I wasn't warned. So if it is able to be removed, it would do me the world of good as thats what's causing the most anxiety as I feel like I'm being charged for a criminal activity (especially since it's a court summons) without warning or explanation, right next to Christmas.

If the summons is removed before the case goes to court then the £60 will be removed as the £60 is what it costs the council to obtain a liability order.


It's best to contact the council on Monday as the letter you have got is basically stating you are in arrears with your council tax. You should be able to come to some sort of arrangement with the council but you would need to make sure that the council won't still seek a liability order which a council can do to legally protect the debt.


If the £82.27 is council tax to the end of the financial year and you are paying £20.87 a month then it works out (based on the final payment being due in February 2019 and assuming the November payment is shown as received) that you are about a month in arrears which would trigger the letter you have received.



When was the summons issued? It could be that it was prior to your payment (when in November did you pay?) hitting your account.

CIS

Think I'll try from next year to pay the month ahead instead, by just paying when I have the free month, and continuing on like that.

That's what I always used to recommend to people, it's a common problem that every council sees.

With the costs being removed, you said it could be if the council agree not to pursue. So if I go and see them, and prove that I have paid every month... and explain I never received any notice... if they then agree it was a mistake, and I go back to my payment schedule, would that wipe out the £60 as we've not gone to court, despite the date being set?

Yes, it would. The issue you do have though is that, as I mentioned earlier, if they can show they posted it then that is proof of receipt unless you can show otherwise. Some councils are more stubborn than others on it when it comes to deciding whether or not to have the summons withdrawn.

I would suggest what you have mentioned - that you always have paid, even if late, and that you now understand what happened and you will remedy it if they give you the benefit of the doubt.

I'm being charged for a criminal activity (especially since it's a court summons) without warning or explanation, right next to Christmas.

Don't worry about the criminal side, you don't get a criminal conviction out it.

MartBear

CIS wrote: »

Yes, it would. The issue you do have though is that, as I mentioned earlier, if they can show they posted it then that is proof of receipt unless you can show otherwise. Some councils are more stubborn than others on it when it comes to deciding whether or not to have the summons withdrawn.

I would suggest what you have mentioned - that you always have paid, even if late, and that you now understand what happened and you will remedy it if they give you the benefit of the doubt.

Thanks, you've been a great help

Sunny_Intervals wrote: »

As an aside, have you considered paying by direct debit? I also have anxiety issues and have to avoid talking to anyone/going anywhere as much as possible. I like knowing that all the bills will come out on a certain day of the month, so I just need to make sure there's enough on that day. It means I don't need to worry about bills getting lost or forgetting to pay.


A lot of Councils also have websites now where you can check your payment plan, report missed bin collections, etc. if you sign up for an account.

I stopped my Direct Debit, as all my bills for everything tend to go out between the 25th and the 1st, but due to our financial situation, our money is never the same each week so if it happened that bills would fall on a bad week, it would occasionally lead to a none payment charge for a DD. So it's all planned out on an calendar now, and we've had no issues until this.

Our local council dont let you view the payment arrangements for Council Tax sadly. It's literally just a payment option, which is what I use to pay. No way of seeing you're account.

Robbie64 wrote: »

If the summons is removed before the case goes to court then the £60 will be removed as the £60 is what it costs the council to obtain a liability order.


It's best to contact the council on Monday as the letter you have got is basically stating you are in arrears with your council tax. You should be able to come to some sort of arrangement with the council but you would need to make sure that the council won't still seek a liability order which a council can do to legally protect the debt.


If the £82.27 is council tax to the end of the financial year and you are paying £20.87 a month then it works out (based on the final payment being due in February 2019 and assuming the November payment is shown as received) that you are about a month in arrears which would trigger the letter you have received.



When was the summons issued? It could be that it was prior to your payment (when in November did you pay?) hitting your account.

The Summons was issued the 14th, we paid on the 15th. So technically £21 extra can be removed from the £82. Which makes it so I only have December, January and February to pay. Which makes it seem even more confusing they'd send me the Order, given that I'm not actually behind (even if November was 'late' it was just 15 days, and they'd have had to issue a late payment notice, and then wait another 7 days, then apply for the order. All within the 14 days before the Summons was issued. Which seems a bit rushed)


I do think I'm ok now though.

Thanks everyone for the help, you've been wonderful. I'll definitely do as your suggest CIS, and just pay every month, including the free one, to make sure I'm a month ahead.

Hopefully this will be all the help I need, provided it goes well on Monday.

CIS

The Summons was issued the 14th, we paid on the 15th. So technically £21 extra can be removed from the £82. Which makes it so I only have December, January and February to pay. Which makes it seem even more confusing they'd send me the Order, given that I'm not actually behind (even if November was 'late' it was just 15 days, and they'd have had to issue a late payment notice, and then wait another 7 days, then apply for the order. All within the 14 days before the Summons was issued. Which seems a bit rushed)

Working back over - a reminder has to give 14 days to pay (7 days to make up an instalment or a further 7 days to pay in full) and a final notice 7 days so a final notice or reminder was likely issued at the back part of October. Once the 7 or 14 days (depending on reminder or final notice) has passed then a summons can be immediately issued.

At the point you hit the end of the initial 7 days on a reminder (or immediately with a final notice) the right to instalments is lost and the full balance is due so unless you cleared the whole amount any payment would only ever reduce the balance, not stop the summons.


You are behind on a legal point of view, even if not (come the end of the month) in cash terms. It should always be remembered that council tax legislation is based on cash collection, it's not written in favour of the tax payer.

Craig1981

Robbie64 wrote: »

If the summons is removed before the case goes to court then the £60 will be removed as the £60 is what it costs the council to obtain a liability order.

the charge is made up of two amounts - admin fees for the council, and the cost of the liability order. usually the admin fee will remain, depending on the council

MartBear

Just a quick update. Went in on the Monday as I said, showed them proof of payments.

They apologised, and said I was actually ahead on payments, so all charges were removed immediately.

It was a mistake on their system, caused by me paying one month's payment 3 days early, and the next month 2 weeks late. It took it as a six none payment. So that's my fault I guess, but they said there we no need for a summons to have been issued as it was issued before they processed my payment which had me just £18 behind at that time, and my payment was processed 24 hours later which put me ahead.

So yeah, all a bit of nothing to be honest. I'll just Continue to pay every month now, even during the free months, to make sure I stay ahead

Micky1

Hello Everyone,

I was hoping to get some advice on my current situation.

In March 2018, I went on sick leave at my current employment and then I left my employment July 2018 due to my ill health. I started claiming sick benefits. I am in receipt of council tax benefit but I occurred areas whilst on sick leave and I had 100.00 areas from 2017. I owed £379.00 all together.

I was paying £80 a month towards my council tax when i was working however, once I'd stopped working i couldn't afford to pay that amount. So I contacted my council straight away and advised them of my current situation and stated that I couldn't afford to pay the following amount I was paying and asked to reduce my payments.

She advised me she couldn't put a payment plan in place because i owed arrears from the following tax year but told me that I should at least aim to pay £35 a month and they could probably roll the other payment over to next year's tax year.

I did in fact make a payment of £80 in October and I paid £35 in November. However, in mid- November I recieved a reminder letter stating I have failed to pay my council tax bill. I wrote a letter to them explaining that I had been making payments. To date they haven't responded back to my letter and yesterday I received a letter stating I have to attend court in the New Year.

I am currently being treated by the NHS mental health team for depression and anxiety and I'm currently in process of completing assessment etc - which this is the last thing I needed.

I wonder if anybody could please offer any advice. I'm not trying to avoid paying my council tax bill I just couldn't afford the payments they are requesting.

I feel my council have acted unfair towards because they am aware of my current health problems but are still sending me to court despite the fact that I was paying.

Thank you.