Council Tax - Court Summons

CIS

In theory its the magistrate who awards the costs so you can dispute them as unreasonable however a local authority with any sense will already run the costs past the court in advance for their agreement.

The costs aren't just to cover the cost of a stamp for the summons. I can tell you from experience that recovery is the most costly and time consuming part of council tax work and the costs are charged so that those who dont have to go through the recovery process are not paying extra to cover the cost of those who do.

I know of recovery depts who have 6-10 staff to keep up with the workload (this alone is £150-250k p/a in staffing associated costs), then there's the associated IT licences, costs of printing and postage, extra staff for the post rooms to deal with the post it generates etc etc

alterego_2

"The costs aren't just to cover the cost of a stamp for the summons."

I realise that, but you're using the banks' excuse for penalty charges, which they use (illegally) to subsidise other aspects of their business. The cost of summoning someone should be just that - otherwise it's a fine or penalty. It does not cost £58 to send me a piece of laser-printed paper that doesn't even bear a proper signature!

If the council weren't so litigious, this could have been amicably sorted. I have already offered to pay what I can afford, but they don't want to agree an arrangement when they can get more money from me by taking me to court!

Sorry for the exclamation marks, but they are doing this because they can, not because they need to. No wonder recovery costs so much!

CIS

I realise that, but you're using the banks' excuse for penalty charges, which they use (illegally) to subsidise other aspects of their business. The cost of summoning someone should be just that - otherwise it's a fine or penalty. It does not cost £58 to send me a piece of laser-printed paper that doesn't even bear a proper signature!

The cost isn't for the issuing of the summons , its to cover any associated costs involved in issuing a summons which the council are then able to recover alongside the council tax due.

dennisheen

My partner has received a summons today. She is in Italy and does not know yet so I'm making a bid to gather some strategies for her.
5 years ago she left a shared house in london to study a degree. She was always under the impression that it was a house of multiple occupancy and as such, the c/t was included in her rent. Anyway, it appears they can prove otherwise, evidence we are still waiting to see. My reason for posting is that although we cannot necessarily prove that she not liable for at least 2 years of c/t the summons is asking for her contribution a period of 1 year when she was no longer there and that she has evidence for. She has furnished them with this on at least 2 occasions so its with depressing shock to see that the summons still has the dates wrong. What I would like to know is what will happen if she chooses to attend the summons with the evidence that the liability charge is wrong? Could this be a good occasion to get it finally sorted? If the facts that form the basis for the summons are incorrect does that mean the council must restart the process?
Thank you in anticipation

CIS

Providing that the court summons is for a period of time which is greater than the 1 yr that your able to prove shes not liable for then the summons is still valid for the lower amount and the liability order can still be granted for the balance.

Why does she think it was an HMO for council tax purposes (this is different from an HMO for licencing & planning purposes).

CIS

Can she prove she wasn't resident for the period of the 3 yrs and can she prove that her main residence was elsewhere ?.

dennisheen

She can prove she was not residing at that address as of September 2005, when she became a full time student (and got exemption from council tax) and also moved to a different address. The summon therefore covers a 1 and 1/2 year period during which she was exempted from council tax and living elsewhere. She has a tenancy agreement and a university certificate of full-time student status for council tax exemption purposes.
She has returned now and is understandably upset, especially as she has told them this (with evidence) at least twice before. Anyway, to answer your other question regarding HMO. In all but name, she paid as an individual, there was 6 bedrooms, the tenancy appeared to be HMO. We have resigned ourselves to the inevitable, it was a very badly managed let by a dodgy letting agency (They originally wanted her to pay with cash, it was only after a lot of cajouling that they were willing to accept bank transfer).
Anyway, very grateful for any insight you can give us to the system and process.

CIS

Does she have any evidence in respect of the type of tenancy she held and that she paid only her own rent ?

dennisheen

The agency was unable to supply a copy of the old contracts and tenants were never given a copy at the time of tenancy. She has evidence of her rent payments in the form of bank statements, which she had already supplied to the council. The bank statements show the monthly rent payment in the form of banker's drafts made out to the agency. However I am guessing that the council must hold a copy of the contract to support their liability claim, or they would not have pursued this. She has resigned herself to the fact that they must have some form of evidence, my main concern is that the dates they are charging her for are wrong and she has evidence of the contrary.

John_Pierpoint

CIS wrote: »

Why does she think it was an HMO for council tax purposes (this is different from an HMO for licencing & planning purposes).

Why? Is this yet another example of joined up government.

Before citizen can possibly agree to allow themselves to be taxed, he/she has to be notified that a liability exists.

Just what is the definition of a House in Multiple occupation ?

Is there a list somewhere?

OR

Is this Alice and Humpty Dumpty "........when I use a word it means what I choose it to mean...........".

http://www.youtube.com/watch?v=KcxEukZZM0c