Council Tax - Court Summons

CIS

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?

Yes - the law does not set any minimum amount to be in default by before a summons can be issued (which has been issued correctly if payment has not been made as demanded)

Before the summons was issued there would have been at least 1 reminder issued to advise your payment were not correct.

lukeedwardsuk

Thanks,

If I knew it would go to court over £30, I would've made payment there and then, but without receiving this letter, I was none the wiser. I know this isnt their problem, but if I didn't get it, I didn't get it. It seems like a MASSIVE waste of time with court if we can sort it out before the date.

I need a quick resolve to this, so do you think if I call on Monday we can sort it out there and then?

What would you advise?

CIS

I need a quick resolve to this, so do you think if I call on Monday we can sort it out there and then?

Once the summons is issued then full balance for the year has already become due.

You can speak to the council and ask that they withdraw the summons but most likely they will not as it appears to be correct. They will most likely agree a payment arrangement with you with the stipulation that the Liability Order will still be granted to protect the council against any further defaults.

Gothicfairy

CIS
What would happen if you got a court notice for the whole year but moved out only 2-3 months into the new year ( after letting the council know and sending them the repo/ court letter )
I do think there is some outstanding due as it was half way through the month but I am not sure the best way forward.
The council don't want to know and have said court is the only way forward so is it best to just attend the court date with all the documents and go from there ?

sorry to add this to this thread but it is kinda on topic I felt and might effect more then just us.

Ta

lukeedwardsuk

a payment arrangement on the £30 or on the outstanding payment of £712?

There's absolutely no way I can afford to pay this off in one (£712) or anything being added on top of my current monthly fee.. Surely they will have to take this into account?

CIS

Any payment arrangement would be on the full years balance + costs. There is no requirement in council tax legislation for any form of means testing although any sensible council will look at your situation.

Do you pay over 10 months ?, if so they usually would allow an extra month or two to clear the new balance (to clear by 31 March 2012).

lukeedwardsuk

I can clear the £30 balance next week. Seems silly to work out payment plans on the remaining council tax when I can continue to do what I've always done and pay x amount each month. But this time I won't be stupid by paying a little less to see me through the month.

Yeah, I pay over 10 months, but if we're both talking about the £30 that I owe, I don't need any extra time to pay it.

The realistic option is to continue to pay the £649 tax over the remaining 8 months. I know this can be done and the council get paid. demanding it all in one go could result in them not getting a penny as it's something that is physically impossible for me to do at this point in time.

I just hope they use some common sense and realise I was being stupid and that I've learn't a valuable lesson

CIS

The realistic option is to continue to pay the £649 tax over the remaining 8 months. I know this can be done and the council get paid. demanding it all in one go could result in them not getting a penny as it's something that is physically impossible for me to do at this point in time.

Demanding the money in one go is the way council tax recovery is legislated.

Council Tax is due in full on the 1st April however legislation allows 10 instalments rather than force everyone to pay in one lump sum. The right to pay by instalments is conditional on payment being made as per show on your demand notice, failure to do results in the removal of the instalments.

Yeah, I pay over 10 months, but if we're both talking about the £30 that I owe, I don't need any extra time to pay it.

You will need to pay the outstanding balance + costs.

lukeedwardsuk

Hey thanks for the advice. 1 last post, I promise!

Demanding the money in full isn't really an amicable way forward. Especially in this current financial climate. If I owe hundreds from previous months, then I would understand, but it's £30...

Your last quote you said I pay the balance + costs. What are these costs exactly? The cost of a letter being automatically generated? It certainly cannot be court costs as I'm yet to even go, if at all.

Thanks again!

CIS

Demanding the money in full isn't really an amicable way forward

There is no amicable in council tax legislation - the recovery will be carried out as laid out in the council tax (administration & enforcement) regulations 1992.

If I owe hundreds from previous months, then I would understand, but it's £30...

Legally you owe the full balance.

Your last quote you said I pay the balance + costs. What are these costs exactly? The cost of a letter being automatically generated? It certainly cannot be court costs as I'm yet to even go, if at all.

The summons has been issued and therefore the council are legally allowed to charge any costs to you - the costs aren't just for the letter, they are to cover the costs of administering the collection of the council tax from you and any associated costs to the council - including any future costs the council incur to monitor (and if required, enforce) your payments.