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Council Tax
Globbitz
Posts: 2 Newbie
Greetings - and humble apologies if this post is in the wrong bit.
I pay our council tax by standing order but due to unforseen circumstances I failed to increase the amount to the increased payments for the 2019/20 Council Tax (I wont bore you with what the unforseen circumstances I were, suffice to say, they were grim). When I discovered my error, I then had the utter joy of not being able to log into my bank account to amend my SO, so instead, I calculated the total of the shortfall and paid that via the council's website, meaning the standing order amount could stay as it was.
I now have a final demand for payment, so I telephoned the council to check they had received the shortfall payment and Mr Happy advised me that they HAD received the payment, my payment amounts were now ok... BUT they wouldn't continue with pursuing the full amount through the courts as long as I changed my standing order to a direct debit.
Can they force me to do that? Don't get me wrong, I'm no pillock, and I'll certainly do a dd if I really have to (then I'll cancel it and go back to a standing order next year...). But can they really dictate to me if I am actually now paying the correct amounts on time?
I pay our council tax by standing order but due to unforseen circumstances I failed to increase the amount to the increased payments for the 2019/20 Council Tax (I wont bore you with what the unforseen circumstances I were, suffice to say, they were grim). When I discovered my error, I then had the utter joy of not being able to log into my bank account to amend my SO, so instead, I calculated the total of the shortfall and paid that via the council's website, meaning the standing order amount could stay as it was.
I now have a final demand for payment, so I telephoned the council to check they had received the shortfall payment and Mr Happy advised me that they HAD received the payment, my payment amounts were now ok... BUT they wouldn't continue with pursuing the full amount through the courts as long as I changed my standing order to a direct debit.
Can they force me to do that? Don't get me wrong, I'm no pillock, and I'll certainly do a dd if I really have to (then I'll cancel it and go back to a standing order next year...). But can they really dictate to me if I am actually now paying the correct amounts on time?
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Comments
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They can - once a final notice is issued then you've already lost the right to instalments and full payment of the outstanding balance is due within 7 days. If they offer to cease the action in lieu of a direct debit then they can do so, it is up to you to then accept the compromise or not.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
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Almost all payment errors I used to deal with were standing orders not being updated, direct debit caused very few issues in comparison. Standing orders are far better if they are changed to direct debit to prevent problems like this one.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
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Thank you CIS, for your prompt reply. I'll give them another call tomorrow and do the dreaded dd! I personally prefer standing orders because it gives me full control over my money - this is the first (and trust me - LAST) time I have failed to update one and whilst I fully accept it is entirely my error, I am absolutely astounded at their stance on this, considering I am now up to date!0
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Under council tax legislation you are not up to date though. Once the right to instalments has been lost them the only way to 'be up to date' is to pay the full outstanding balance.Thank you CIS, for your prompt reply. I'll give them another call tomorrow and do the dreaded dd! I personally prefer standing orders because it gives me full control over my money - this is the first (and trust me - LAST) time I have failed to update one and whilst I fully accept it is entirely my error, I am absolutely astounded at their stance on this, considering I am now up to date!
Legally speaking they do not have to offer anything to you at this point - they can continue on and issue the summons, as specified in legislation. It is actually a good offer from them, as far as they are concerned the best method to secure payment is to pursue the liability order as it gives very good powers of enforcement. With what they are offering it benefits you more than them.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
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