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Council Tax Summons Costs

It has come to this: I was away from London for 4 months and even though I normally pay my council tax on time, I forgot for about two months (Nov and Dec), then paid the amount I owed for these two months on Dec 24 and never thought much of it until I returned home now in Jan and found two letters, none of which I received abroad: one was a Council Tax Reminder Notice in mid-Nov and the second the summons for non payment (Dec 12), which quoted my remaining annual balance plus the £102 (cost of summons). Luckily, I arrived home on 3 Jan and the court day is 16 Jan. I have just paid my annual fee in full a minute ago, but not the cost of summons yet. I am writing with three questions

1. Can I get the cost of summons removed/waived? What are the usual reasons councils would agree to do this? My only excuse was that I was abroad (I can prove this) and did not actually receive the reminder or summons on time. BUT this is my fault. I should have set up direct debit, but I counted on my usually decent memory. I am a first time offender (and hopefully last as well). Nothing like getting a summons on return home to make you feel like a criminal. I plan to call the Council first thing on Monday, but I need some tips on what I should do. I have so far seen varying opinions on the forum, from considering the summons costs illegal to legitimate. I personally agree it was my fault, but wonder if you get the benefit of the doubt in some cases.

I have been in the UK for a while, but I have only this year began paying council tax myself. Previously, I was a lodger and it was included in my rental payments, so I am new to figuring out exactly what time of the month to pay, etc.

2. Is this summons likely to affect my credit history? Considering buying a flat through shared ownership and this would probably make things more difficult.

3. Is this going to create some sort of criminal record? Yes, I am also an EU citizen and worry it might affect my legal status.

Thanks all! Hope for some reassurance.
«1

Comments

  • Mrsn
    Mrsn Posts: 1,430 Forumite
    1,000 Posts Third Anniversary Name Dropper
    The council will confirm this but I think it is highly unlikely that they will waive the summons costs.

    The summons will not affect your credit rating nor does it produce a criminal record because you have paid what you owe however you do need to sort out the summons cost ASAP
  • FtbDreaming
    FtbDreaming Posts: 1,127 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    They wont refund you the cost... I have had murder every year for the last 7 years because I prefer to pay weekly and their system cant work it out I always end up with a £50 court charge despite actually paying the bill. It is the biggest con ever they must make a lot of revenue with this fake court stuff they have going on. Drives me insane.
    Mortgage started August 2020 £69,700
    Mortgage ends Aug 2050 MFW: Aug 2027 
    Current Balance: £58,678
    MFW2020 #156 £723.13
    MFW2021 #26 £1184.71
    MFW2022 #11 £197.87
    MFW2023 £785
    MFW 2024 £528.15

    Determined to make it! 
  • The moral of the story must be that CT is a priority debt and its usually best to set up a direct debit to ensure payments are made on time.
  • poppy12345
    poppy12345 Posts: 18,909 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    venison wrote: »
    best to set up a direct debit to ensure payments are made on time.
    I have to completely agree with this, so much easier and then you know it's paid.
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    The cost of a liability order (aka summons) is set according to the average cost of raising it by the council concerned. So it can be £60 in some councils and over £100 in others. See this case

    http://www.greenhalghkerr.com/articles/council-tax-costs-orders-a-review-of-the-rev-nicholson-case/

    But Liability Orders lead to bailiffs being involved as the following "Stop the Knock" statistics show.

    https://www.stoptheknock.org/?section=bailiffusechange

    As others have said, it is a priority debt with the priority being set by the cost to the person who fails to pay it. Regrettably being absoluting broke, is no defence. I've come across people still paying their 2007 tax with 2008 being collected next.
    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.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Recent report by Citizens Advice on Council Tax debt collection processes here https://www.citizensadvice.org.uk/Global/CitizensAdvice/Debt%20and%20Money%20Publications/Citizens%20Advice%20FOI%20request%20-%20council%20tax%20%20arrears%20collection%20(1).pdf
    Reports highlights how collection processes push people who are struggling to meet payments further into debt.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    FataVerde wrote: »
    It has come to this: I was away from London for 4 months and even though I normally pay my council tax on time, I forgot for about two months (Nov and Dec), then paid the amount I owed for these two months on Dec 24 and never thought much of it until I returned home now in Jan and found two letters, none of which I received abroad: one was a Council Tax Reminder Notice in mid-Nov and the second the summons for non payment (Dec 12), which quoted my remaining annual balance plus the £102 (cost of summons). Luckily, I arrived home on 3 Jan and the court day is 16 Jan. I have just paid my annual fee in full a minute ago, but not the cost of summons yet. I am writing with three questions

    1. Can I get the cost of summons removed/waived? What are the usual reasons councils would agree to do this? My only excuse was that I was abroad (I can prove this) and did not actually receive the reminder or summons on time. BUT this is my fault. I should have set up direct debit, but I counted on my usually decent memory. I am a first time offender (and hopefully last as well). Nothing like getting a summons on return home to make you feel like a criminal. I plan to call the Council first thing on Monday, but I need some tips on what I should do. I have so far seen varying opinions on the forum, from considering the summons costs illegal to legitimate. I personally agree it was my fault, but wonder if you get the benefit of the doubt in some cases.

    I have been in the UK for a while, but I have only this year began paying council tax myself. Previously, I was a lodger and it was included in my rental payments, so I am new to figuring out exactly what time of the month to pay, etc.

    2. Is this summons likely to affect my credit history? Considering buying a flat through shared ownership and this would probably make things more difficult.

    3. Is this going to create some sort of criminal record? Yes, I am also an EU citizen and worry it might affect my legal status.

    Thanks all! Hope for some reassurance.


    1. Can I get the cost of summons removed/waived? What are the usual reasons councils would agree to do this? My only excuse was that I was abroad (I can prove this) and did not actually receive the reminder or summons on time. BUT this is my fault.

    It's entirely up to the council - if it's your first time and you are polite then you have a chance of them giving you the leeway. Some council's will and some won't.

    2. Is this summons likely to affect my credit history? Considering buying a flat through shared ownership and this would probably make things more difficult.

    No

    3. Is this going to create some sort of criminal record? Yes, I am also an EU citizen and worry it might affect my legal status.

    No
    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.
  • swingaloo
    swingaloo Posts: 3,620 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    It happened to me once about ten or twelve years ago. I cant remember the circumstances but at the time I used to go into the council office every month to pay rather than by direct debit as I do these days.

    They did waiver the court cost. I panicked at the summons and rang them straight away to pay. I can remember them telling me that as I had phoned them before the court date that the cost would be taken off as there are a load of arrears taken to court on the same day at the same hearing and they do not pay individually for each one. They said they would never waive it after the court date but would always waiver it if payment was made before. That may just be our councils way though.
  • FataVerde
    FataVerde Posts: 271 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    I have seen this report from citizensadvice too earlier. Luckily I can afford to pay the costs, although I find them way too high, but what about those who struggle from pay check to pay check?
  • FataVerde
    FataVerde Posts: 271 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Thank you swingaloo! Really useful to know. I plan to call them anyway and explain my situation.
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