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Are Council Tax charges legal?
Zelie
Posts: 773 Forumite
in Cutting tax
A friend is currently being taken to court over non payment of council tax charges and I'm just looking for some advice.
She got into arrears and agreed the repayment schedule the council told her. This was breached once by non payment although she paid double the following month. It was breached on a second occasion. The bill is now up to date.
She has now been told the council are taking her to court for wilful non payment. The non payment relates solely to the charges the council levied and not the actual tax bill.
Given the success of the campaign against credit card charges and the challenges against unfair bank charges I am inspired to ask what is the likely situation with unfair council tax charges. Does anyone know if there is any legal redress against councils levying charges which are financially crippling? My friend is unwilling to challenge the charges in court in case the magistrate finds against her so I am thinking more of some way of claiming back charges if that were possible. She gave the national debt helpline a call and they have pointed out that if a magistrate finds against her then she might get charged more which obviously she doesn't want and can't afford.
She got into arrears and agreed the repayment schedule the council told her. This was breached once by non payment although she paid double the following month. It was breached on a second occasion. The bill is now up to date.
She has now been told the council are taking her to court for wilful non payment. The non payment relates solely to the charges the council levied and not the actual tax bill.
Given the success of the campaign against credit card charges and the challenges against unfair bank charges I am inspired to ask what is the likely situation with unfair council tax charges. Does anyone know if there is any legal redress against councils levying charges which are financially crippling? My friend is unwilling to challenge the charges in court in case the magistrate finds against her so I am thinking more of some way of claiming back charges if that were possible. She gave the national debt helpline a call and they have pointed out that if a magistrate finds against her then she might get charged more which obviously she doesn't want and can't afford.
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Comments
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The non payment relates solely to the charges the council levied and not the actual tax bill.
I'm not aware the council levy 'charges'. They sound to be from an existing Liability Order granted by the Magistrates Court for non-payment? And the payment plan was agreed following the granting of the order?
The plan would have included the costs agreed by the Court .... which are fully legal.If you want to test the depth of the water .........don't use both feet !0 -
Yes, slight amendment. Apparently there was an initial Liability Order but these costs are also including sending bailiffs round when she missed the payment but paid double (she wasn't in when they came round so she didn't know about it).I'm not aware the council levy 'charges'. They sound to be from an existing Liability Order granted by the Magistrates Court for non-payment? And the payment plan was agreed following the granting of the order?
The plan would have included the costs agreed by the Court .... which are fully legal.
I'm just appalled at how much money they are asking for. Her CT bill was less than £750 but the charges are almost £250. How can this be fair or legal?0 -
These charges are not from the council, they are from the bailiff as costs for their collection.
The first two visits come to around £40 and then they charge for 'a reasonable fee' for the costs of attending .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 -
£250 is 'reasonable'?These charges are not from the council, they are from the bailiff as costs for their collection.
The first two visits come to around £40 and then they charge for 'a reasonable fee' for the costs of attending .
She hasn't actually seen a bailiff - only been told that they had called round when she was out.0 -
id say she was lucky to be out, and that they couldnt get into her property or she'd have lost alot more than a £250 bill.
the council send the bailiffs round due to a bill not being paid, you go to court to say you will pay your fine, and dont. it was agreed to pay it monthly and on time, and twice its not been done, i think its time to tell your friend to start doing things properly, cos non payment of council tax isnt taken very lightly x0 -
Her CT bill was less than £750 but the charges are almost £250. How can this be fair or legal?
As one of the majority who pays their CT bill (despite I could find better uses for the money) .... I find it very reasonable that habitual defaulters should pay the admin costs they cause the Council to incur. Would you prefer the compliant payers foot the additional costs? Would that fit your definition of 'fair'?
It was quite clear your OP is a bit short on the actual facts. And even that shows your friend had more than several chances at keeping the costs to more reasonable levels. Having let it get to a Liability Order in the first place ... it's not difficult to see that the payment plan then agreed to, had to be maintained?If you want to test the depth of the water .........don't use both feet !0 -
Well thanks to the posters who slagged off a hard-up single parent who struggles to get basics like electric. Let's hope you get some good advice when you are in trouble.
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Well thanks to the posters who slagged off a hard-up single parent who struggles to get basics like electric. Let's hope you get some good advice when you are in trouble.
No-one actually slagged her off ~ and pulling the single mum card wont wash either.
What people said was that she should have paid the money owed with the ample opportunity that she was given.
Is she not entitled to CTB at all?:heartpuls baby no3 due 16th November :heartpulsTEAM YELLOWDFD 16/6/10"Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:0 -
Given the success of the campaign against credit card charges and the challenges against unfair bank charges I am inspired to ask what is the likely situation with unfair council tax charges. Does anyone know if there is any legal redress against councils levying charges which are financially crippling? My friend is unwilling to challenge the charges in court in case the magistrate finds against her so I am thinking more of some way of claiming back charges if that were possible. She gave the national debt helpline a call and they have pointed out that if a magistrate finds against her then she might get charged more which obviously she doesn't want and can't afford.
:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:
why does everyone seem to think the bank charges issue applies to everything else?0
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