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Council Tax - Court Summons

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  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks CIS. Do does this mean that I am paying the amount due monthly via the sumar arrangement?

    And no further action will be taken as long as I pay the monthly agreed payment?

    Yes to both
    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.
  • Now then peeps. Ive recently been issued a court summons for CTax. im thinking of contesting it as the situation is not my fault. earlier this year i had financial difficulty in regards to only being able to work 15 hours a week, i asked the council if i still had to pay CTax, apparently i did. however i made a payment and then i moved to a new address. i had been in to their old office twice (18th feb 13 and 28th feb 13) to change to a new address, before they moved to a new renovated building. i was told they would update my details when they moved into their new offices.

    it would appear this never happened, an they sent bills to my old address as well as final demand before issue of summons. about 2 weeks ago i recieved the final demand (and prior bills/letters sent) from my old address via forwarded mail from another tennant at the old address. now regardless of the councils mistake of sending the mail to the old address when they clearly had my new address as i was paying the tax on that property, ive still been issued a courts summons.

    before the court summon was sent, i asked them if they could wait an extra 2 days as the due date was before my payday, so i could avoid the summons.... i was told "tough sh*t" (direct quote) " youl still have to pay up"....

    so now because of someone else's negligence, or incompetence, i have to pay an extra £45 for the summons.

    so im thinking, if i goto the court summon, with evidence (stating on thier lil green docket cards! change of address!) WAAAAY in advance of my moving out date and well before their change of office, do i stand a chance of contesting the fee? since at the end of the day, it was their mistake not mine and as an added bonus, their argument is that they have no record of me ever going in this year at all..... an yet i have 2 of their green docket cards that they give you when you have been in.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    i had been in to their old office twice (18th feb 13 and 28th feb 13) to change to a new address, before they moved to a new renovated building. i was told they would update my details when they moved into their new offices.

    If you can prove that you told them and they didn't update your address then you can dispute the summons otherwise your on to a loser.

    If you have the evidence then there's no point waiting until the date of the liability order hearing to contact them.
    before the court summon was sent, i asked them if they could wait an extra 2 days as the due date was before my payday, so i could avoid the summons

    There's nothing to stop the council proceeding with the summons in cases like this, they don't have to halt action on the promise of payment.
    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.
  • CIS wrote: »
    I have noticed that there are a series of coincidences which occur on the sites which dispute council tax:.

    Yes Councils make people angry when they mess up and blame the public.

    • Generally they only post selected correspondence
    • They always seem to have had some sort of verbal dispute with the council or court officials but never state what they said - presumably something abusive.

    See above.
    • They rely on some obscure interpretation of a law which therefore affects another law which then has a knock on effect to another the net result being council tax is illegal.

    No, they expect to discuss the problems in an amicable and civilised way. Except they usually get some jobsworth who believes the council in question is some sort of deity.
    • They are always happy to use the services the council provide.

    So you never hear anyone complain about council services then?
    • Everyone of them has been 'picked on' by the council because they once returned a library book late

    They are being "picked on" by smug idiots whose friends can fix up their little indiscretions without it costing them the stupefying court fees us other poor saps get lumbered with.
    • The magistrate is a figment of peoples imagination *

    People expect other people, including magistrates, to be reasonable and not the !!!!!.
    • They always seem to go quiet and never discuss whether they've paid it...
    etc etc

    As I've said on here before I have my own views on council tax legislation and how it should or should not be reformed but its my job to apply the law as its written.

    As an aside, before its raised, I have many,many times given advice to people which goes against what a local authority has said and with which they have successfully challenged action which has been taken so I'm not just siding with them.

    * I've been to council tax cases my times and each time its been a court with a sitting magistrate to hear any cases as required. If I'd have realised it was all pretend I could have had a try as a magistrate myself.

    I do not work for any council, but I naively have worked with one.
    I had to forgo the contract as in all conscience I could not take payment from such a despicable business.
    They were enforcing actions against poor people who haven't the means to cover the councils extortionate costs (which the council levied in the first place) after they housed them in absolute squaller.

    No-one can defend that.

    So you go preach on your wonderful council and how it ensures the best for it's own, while breaking the backs of the inhabitants who happen to be unlucky enough to have to deal turning you face away from reality.
  • I moved into a new flat in 2011 and set up a dd for my council tax.

    Part of the way through the year, without my knowledge the council cancelled my account. I complained to them an they admitted they made a mistake and I promised to pay what I owed.

    Currently I am paying this year's amounts monthly as well as £45PCM for last year's.

    Yesterday I received a court summons. I am not contesting what I owe. Just damned annoyed that it's the council's fault I'm in this situation and that they are also going to charge me additional costs too!

    I'll try the complaints, LGO and local councillor routes, but not sure I'm going to have much joy... Ooooooh it's infuriating!!!
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You need to contact them to discuss the issue before the LGO will consider looking at the case - did you actually agree a payment arrangement for the arrears and did they confirm it to you ?
    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.
  • I had a summons on saturday.Things like this always come on the weekend so you can't do anything about them till Monday, making you stress the weekend.Mine is for 100 pounds, of which 50 is costs.I owed 73 from last years bill still and I was told by email to pay this as soon as I could.I paid 23 and intended to pay the other 50 at the end of July.I'm waiting fir it to be 9am so I can ring because I don't think I should be having to pay costs when it's clearly in writing form the council that I should pay as soon as I can.End of July was that soon as I can.
  • Ok, phoned them up and they took the costs off.All paid.Damn Council lol
  • CIS, wondering if you could help: I applied for a 25% discount which was approved by my council - however, they havent been able to issue the right council tax amount for the past 6 months. While I was getting them to rectify this, they issued a summons against me.

    Is it worth going to court dispute the summons cost? Since the summons is for an incorrect amount of council tax, and I have been actively contacting council on the issue, and even paid a few installments based on the incorrect calculation?

    They finally issued another bill adjustment, after the summons was issued.

    Many thanks in advance for your help!
  • nero12
    nero12 Posts: 23 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 16 September 2013 at 7:44PM
    Hi guys im wondering if you could kindly advise on a council tax problem. I recieved a council tax summons for a sum more than £600. as the council believed I have failed to pay the amount due. Thing is im up to date on the monthly payments but paid manually . I sent a DD mandate to them however it seems they have not processed it which meant a few were paid late as I had reason to believe they would automatically be paid .Also The amount shown on the summons is not whats outstanding. Seems they are falling overe themselves to bring this matter to court but the facts seem wrong. Im a bit miffed as ive always paid my dues --and I certainly dont think I owe them another £50.. Any advice on what to do will be great ;)
    Thanks guys
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