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UC and Council Tax

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Comments

  • There was no liability order. What was interesting was that there were notices saying that everyone had to sign in at reception. When we got there the man behind the desk just asked "Council Tax?". When we nodded he said "Go and sit down". The place was packed with people who'd received summons' for council tax.
    I prefer rogues to imbeciles, they sometimes take a rest (Alexander Dumas)
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There was no liability order. What was interesting was that there were notices saying that everyone had to sign in at reception. When we got there the man behind the desk just asked "Council Tax?". When we nodded he said "Go and sit down". The place was packed with people who'd received summons' for council tax.

    The signing in is relatively standard with the court, more so they know who has arrived and who is in the building.

    I would recommend that she double checks to make sure as unless the council formally withdrew the application then it will be have been granted by the magistrates.

    In nearly 2 decades of working in council tax (and now hearing the actual applications) I've come across very, very few councils who will request a withdrawal of the application in lieu of a payment arrangement - the arrangement is almost always given only under the protection of the liability order in case the person defaults (hearing from people who thought there was no order in similar circumstances is relatively common).
    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.
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    Update. I took one of said friends to the court. She didn't need to go in. It was all sorted out with an officer from the council. 10 mins and it was over. £20 a month. I did ask the officer what would happen to someone who had ignored the summons and not turned up. So the other friend now has a liability order against her plus court costs. She will be expected to pay in full and if she doesn't then the bailiffs will turn up adding another £500 to her bill. She's playing ostrich.

    I have sat in court (Bromley, I think) with a desk in a corner and a room full of CT summonsed people. One by one, they went to the desk and sorted the issue.,

    So your friend has save herself some money. There will be a legal cost to pay. £90 in some cases and as little as £5 in other cases. Down to the council.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The vast majority of councils send staff along on the day to deal with queries etc. Making arrangements on the day is common - on average my council would do 15-20 at the court.



    Unless there was a verified error somewhere then the summons was not withdrawn and the order would still be applied for. This is standard practice as otherwise there's no enforcement available if that person defaults.



    Unless a person pays in full plus the costs then there's no legal obligation to cease the application for the order, even if a payment arrangement can be agreed.


    I've not yet come across a council who actually withdraws the application if a person makes the arrangement This is why I'd always encourage anyone who is told an application is being withdrawn to double check a few days later to make sure) . It would, frankly, be shooting themselves in the foot to do so as about 75% of people default on the arrangements and enforcement is needed.
    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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