Court Summons For Late Council Tax Payment

Conan1Sett

Yo,

I've been summoned to the Magistrates.

I pay my Council Tax over 12 months. I was short by one payment by £10 one month and I've been summoned. I plan on telling them that I can make the late payment and current payment on one of my paydays this month (of which I have two extra, plus extra income from a PT job I've recently began) so I have the money.

The problem is they're demanding the full amount for the entire year's council tax. That is around £750 for me, plus around £60 for a liability order and £20 for some expenses. Would they really demand the full amount ultimately or would they allow me to realign with my previous arrangement? I've got a second source of income this time, after all.

They've mentioned some pretty scary things like baliffs and custodial sentences etc. Whilst I think the latter very unlikely it still feels like slightly hot water. 

Anyone been in such a situation with "the man?" 

MovingForwards

Yes.
First time I attended and agreed a payment arrangement with the council rep I saw. It's not actually a magistrate you're in front of, the council borrow a room, stick employees in and they discuss it with you.

Second time I called the council and made a payment arrangement over the phone. Again I had to pay the costs.

Both times I had to pay the fees, but was able to have normal direct debits set up for the following years bill.

macman

What dialogue or correspondence did you have with the LA before they sought a liability order?
You should have had a least two reminders and a final warning letter before they proceed to seek a liability order.
Custodial sentences or sending in bailiffs are very rare for non-payment of CT, the normal process after obtaining a liability order is to seek an attachment of earnings order.

Conan1Sett

MovingForwards said:

Yes.
First time I attended and agreed a payment arrangement with the council rep I saw. It's not actually a magistrate you're in front of, the council borrow a room, stick employees in and they discuss it with you.

Second time I called the council and made a payment arrangement over the phone. Again I had to pay the costs.

Both times I had to pay the fees, but was able to have normal direct debits set up for the following years bill.

But did you have to pay the entire years tax bill in one fell swoop?

nyermen

Conan1Sett said:

But did you have to pay the entire years tax bill in one fell swoop?

That is a normal warning from my council. They state that the entire amount is due at the beginning of the year, and they merely offer the ability to pay in installments. It does say if I miss payments the entire amount becomes due.

BUT - I'm very surprised your council is so harsh  if I understand what you say (full amount due, over a £10 mistake)?

Conan1Sett

nyermen said:

Conan1Sett said:

But did you have to pay the entire years tax bill in one fell swoop?

That is a normal warning from my council. They state that the entire amount is due at the beginning of the year, and they merely offer the ability to pay in installments. It does say if I miss payments the entire amount becomes due.

BUT - I'm very surprised your council is so harsh  if I understand what you say (full amount due, over a £10 mistake)?

Well the thing is, I can't afford to pay the entire amount in one go. I'm hoping they give me some good news on Monday.

lincroft1710

Demanding the full amount of the remaining CT payable immediately is usually done after 2 defaults. So were you late with one payment and also £10 short on that or another payment?

Conan1Sett

lincroft1710 said:

Demanding the full amount of the remaining CT payable immediately is usually done after 2 defaults. So were you late with one payment and also £10 short on that or another payment?

No they sent me one reminder about a missing £10. 

Although it's over a month late and I'm late with the current £105 but only by a couple of days. 

MovingForwards

Conan1Sett said:

MovingForwards said:

Yes.
First time I attended and agreed a payment arrangement with the council rep I saw. It's not actually a magistrate you're in front of, the council borrow a room, stick employees in and they discuss it with you.

Second time I called the council and made a payment arrangement over the phone. Again I had to pay the costs.

Both times I had to pay the fees, but was able to have normal direct debits set up for the following years bill.

But did you have to pay the entire years tax bill in one fell swoop?

No, I agreed payment arrangements with them both times and paid monthly.

Conan1Sett

MovingForwards said:

Conan1Sett said:

MovingForwards said:

Yes.
First time I attended and agreed a payment arrangement with the council rep I saw. It's not actually a magistrate you're in front of, the council borrow a room, stick employees in and they discuss it with you.

Second time I called the council and made a payment arrangement over the phone. Again I had to pay the costs.

Both times I had to pay the fees, but was able to have normal direct debits set up for the following years bill.

But did you have to pay the entire years tax bill in one fell swoop?

No, I agreed payment arrangements with them both times and paid monthly.

Did they still charge you for the liability order and the expenses? 

I'm hoping when I tell them that I have setup a monthly DD for the 1st and that I can pay my current payment and the missed £10 on x day next week that they will throw out the summons and I won't need to appear in court or pay the additional amounts?

MovingForwards

I'll expand on my initial reply, as it's obviously not clear enough.

First time I attended the court and I agreed a payment arrangement with the council rep I saw.

It's not actually a magistrate you're in front of, the council borrow a room in the court building, stick council employees in and they discuss it with you. It's just a giant meeting room with desks in. The council rep talks about the debt, asks what happened for the bill to not get paid, I explained, told them how much I could pay (I had split the council tax balance and court costs over how many months were left before the new bill year and that was what they accepted).

I agreed to pay an amount each month to clear the remaining council tax balance and the court costs that they added on.

I paid them via direct debit and was given the same choices of dates to pay as everyone who hadn't been taken to court.

Second time I received notification of the hearing date I called the council and made a payment arrangement over the phone. I agreed to pay an amount each month to clear the remaining council tax balance and the court costs they added on. (Again, I had split the council tax balance and court costs over how many months were left before the new bill year and that was what they accepted).

I paid them via direct debit and was given the same choices of dates to pay as everyone who hadn't been taken to court.

Both times I had to pay the court fees, via instalments with the remaining council tax for the year and it was a monthly payment by direct debit.

I was able to have normal direct debits set up for the following years bills over 10 / 12 months when the new council tax bill was generated.


If you agree a repayment plan with them, you don't need to attend court, however they will not cancel the court costs as those have been incurred raising the liability order etc; I tried that with the second one.