Council Tax - Court Summons

CIS

Am annoyed at how quick and easy the Councils can issue a summons - a piece of paper printed by them and charge you for the pleasure....basically, the new Council tax year started April 1 as we know......I paid my council tax april 22....and then May's council tax I paid 25th May....Saturday I received a Court summons saying as I hadnt paid on time and they were taking me to Court....what!!!!!! I've paid. I had a conversation with a lady at the office on 25th May, which conviently has not been noted (I know from my job and theirs that all customer calls, with time date and conversation has to all be logged, I challenged this today to be told, she probably only went to the payment screen - bullcrap) she said let me bring all your details up, she never mentioned that the day before a summons had been prepared and was being sent! Anyway, she said to get a direct debit form in and pay that way as I could pay on 20th of each month then as I cannot no way pay on 1 of the month as I have kept telling them! I rang council today, who said tough luck, case was going to court and that I had to pay for the summons and liability order. Grr. Not happy at all. I wouldn't mind if I was sat here typing saying I hadn't paid and had no intention! I am more than willing to pay but cant pay on the 1st of every month but as they pointed out that's a crime...well !!!! me for not being rich, getting off my !!!! as a single parent and trying to make ends meet and pay all my sodding bills.

The council have billed you correctly and in accordance with the statutory legislation. Each payment was 3 weeks late.

Council Tax is due on the 1st day of each month and they do not have to allow any further dates within the month.


Its not just that the money has to be paid any time in the month, it has to be paid on the correct dates to allow the council to manage the budgets.

The reason Council Tax recovery is so sharp is that the money is used for the running of the council and the police/fire brigade. The council have to pay the police/fire brigade in monthly instalments irrespective of whether they have collected the money.

scrimping_steff

CIS wrote: »

Paying the charge in full will not affect any council tax benefit claim - any council tax benefit you are entitled to would be offset against your account and any credit refunded.

Thanks for that, just to clarify is this the ONLY way to get rid of the court summons and avoid it going to court?

CIS

Thanks for that, just to clarify is this the ONLY way to get rid of the court summons and avoid it going to court?

You can either clear the charge in full before the court date or persuade the council to withdraw the summons.

scrimping_steff

just a quick update on my case, after appealing against the summons by email, on the grounds that I didn't receive a reminder letter. My case was looked at and it was found I HADN'T received a reminder letter. Therefore the summons and charges have all been dropped. Hooray. Thought this might show that sometimes things do work out. Thanks for your help.

CIS

Unless they they've had the reminder returned by Royal Mail and realised it had not been received then they must have taken on-board what you've said and given you the benefit of the doubt.

c_t_i

Hi,
I moved out of a shared house earlier this year, and phoned at the end of my tenancy to clear the balance on the council tax account for the flat. I was told that I had overpaid for the period, and the council would repay (they did).
The forwarding address I gave was my parents, as I was moving city and would be staying with various friends, hence had no fixed address to give.
I had a call from my dad a few days ago saying that there was a letter issuing me with a court summons and 100 pound fine. It seems that my flatmate was on benefits and there had been a change to his circumstances.
It seems completely unfair to me that having made my best attempt to pay my tax on time, I am now being charged for this. I have emailed to ask for an appeal.
Do I stand a good chance in my appeal? And is there any independent body that can look at the case if the results are not in my favour?

Thanks in advance.

CIS

It seems completely unfair to me that having made my best attempt to pay my tax on time, I am now being charged for this. I have emailed to ask for an appeal.
Do I stand a good chance in my appeal? And is there any independent body that can look at the case if the results are not in my favour?

The council have taken action correctly under the rules regarding joint liability and you have no valid appeal against this. Its one of the risks of flat sharing with someone on council tax benefit - you'd be surprised how many similar cases see each week.

You could make an appeal to the Valuation Tribunal but they'll make the determination purely on the facts on joint liability - you were a joint tenant and therefore are jointly liable for any and all Council Tax due for that period.

c_t_i

Thanks for your reply CIS.

Does it not matter that they had already paid me back money for the account, so that I reasonably believed that the account closed?

CIS

No - the council have a duty to ensure the account is correct at particular time. If this occurs because of a Council Tax Benefit then the equivalent amount of Council Tax becomes due on the day of the adjustment and they then have a duty to recover this money.

Think about it this way - if they stopped action the moment an account was closed and then later found out the council tax benefit was wrong for the whole year because they had just found some new information due you think that the tax payer should have to foot the bill rather than the person involved ?

lukeedwardsuk

To CIS (or anyone else that can help)

I too have received a court summons for the total of £712 inc £63 for the summons cost. This fee is based on the remaining balance for this financial year.

I have been making payments, and I know I underpaid about £30 during April to June. I've received no letters about this, just the court summons, today. Attached to the summons was some info stating why it was sent to me. The first line says: : "You have failed to pay the amount or made a reasonable offer to payment"

Is this usual for such a small fee (which I'll happily clear at the end of this month, no problem) they want me to go to court, over?

Luke