Council Tax - Court Summons

CIS

the council tax (administration and enforcements) regs 1992 is what triggers further enforcement

What the council need to do for an application is specified in the
council tax (administration and enforcements) regs 1992 under regs 33,34 and 35. Providing the previous action regarding bill,reminders etc is correct then this all they need to comply with.

nero12

did you continue to make payment as per the original demand notice ?

Ive never really had a payment date all my demand letters state the following.


For the year 2013/2014 the demand notice states the date for a first payment which is slightly higher than the rest. Then it states that the 9 other instalments are due from 1/5/2013 to 1/01.2014 9x 129.00
Instalments to be paid by cash cheque payments ''monthly''

There is no due date nor is there a cut off period shown I've never seen any due date on any of my demands nor have I had any other letters telling me when I should pay. I've never discussed dates over the phone.

The date im going by and why im thinking I've paid late would be the date stated on the DD mandate which is the 20th of every month.

CIS

For the year 2013/2014 the demand notice states the date for a first payment which is slightly higher than the rest. Then it states that the 9 other instalments are due from 1/5/2013 to 1/01.2014 9x 129.00

These are the dates the payment is due - if you haven't been making payment by these dates then that is why the council have taken action. They don't have to give any other dates or payment cut offs.

They will have a policy of allowing so may discretionary days before issuing a reminder so on at least one occasion you must have missed that date.

nero12

Thank you CIS



Sorry but im not reading it that way.



The way they have written it advises that I have to pay 9 instalments between 1st of may and the 1st of Jan and has to be made monthly.


If they want it 1st of every month then surely it should read

''payments are due on the 1st of every month until the 1st of Jan 2014''

In addition ive never once since ive been paying CT have I paid anywhere near the first of every month. Most have been between the 13th and the 20th with some a little later.
Now if I work this out , ive made about 95 payments to the tune of nearly 12,000 pounds and they've not sais a dickey bird until now.

I recon that's more than relevant

CIS

Sorry but im not reading it that way.

You may not read it that way but that's the way it's due (in law).

I recon that's more than relevant

No - the only thing that is relevant is legislation (unless the council want to allow discretion).

If the council have previously allowed more leeway then that's their choice but they can revert to applying the legislation exactly at any point.

The only argument you have with the council and asking that they give you some leeway on the basis you have paid previously.

nero12

You may not read it that way but that's the way it's due (in law).

I thought as much however there have been a few cases ive seen regarding HMRC regarding overpayment recovery there was a famous case called Hinchy VS DWP and subsequent tribunal wins (including mine) were based on this and I think it was regarding ''quality of information''.

My tribunal was based purely on what information they gave and how I subsequently acted. I won absolutely hands down.
HMRC introduced legislation after legislation after legislation about 15 pages of submissions.

However what it boiled down to was simple --and something I believe they unfortunately would not grasp. I must have spent atleast 50 hours of my time and many letters telling them.
The quality of information they gave was very poor

The ruling advised that I broke the rules however It wasn't my fault. They were subsequently dismissed forth with ( the look on the HMRC mans silly face wil stay with me for good further he interrupted the judge and was told to be quiet I thin he was used to winning LOL)
This I believe is the same.

the information given on that CT demand is sufficiently poor giving rise to open interpretation. I may well have broke the rules but it seems I was advised I could do so.



CIS would it not be better to go in with case law rather than rely upon someone's good favour, which doesn't seem to be in abundance at the moment.

CIS

The argument is not over 'quality' it's over whether the demand notice was correct - the regulations covering demand notices are are the council tax (demand notice) England regulations - http://www.legislation.gov.uk/uksi/2011/3038/schedule/1/made.

Providing the notice gave dates for the installments then it is correct - the dates given on the notice are the payment due dates - http://www.legislation.gov.uk/uksi/1992/613/regulation/21/made

You may get a magistrate who doesn't know the regulations or is sympathetic and doesn't grant it but legislatively the notice is correct from what you have posted.

jotrick

So I got a letter the other day,court summons and all...The thing is I pay my council tax but in September I could not pay all but I dis still pay some,anyway I received this letter with no previous letter...bloody £75.00 and when I rung up (40 minutes in a que) they lady although lovely as she was said that even though things go missing in the post I would still be charged...but I had no warning and was going to top up this months rent...then my best friend comes over and she had the same letter ...no previous warning...and she lives in a building with a communal hallway and said there was 3 more letters for other people in the building with the yellow warning letters,so I posted on my status on Facebook if anyone had had the same problem...no word of a lie 9 friends posted that they had the same problem...something fishy here...is there anything we can do about this ...as I am curios how many people here DID NOT receive the warning letter? Do I have the right to ask for proof of postage as the lady said they do keep them.....

Psyientist

Hi guys

Ive used MSE for advice before, but never posted.. Here goes..

Thanks to a rather controlling and dishonest ex, I have been left with several £500+ debts which I am starting to make my way through. However, one of them - council tax - is now landing me in court next week due to no less than £5000 outstanding debt, since 2010

I had no idea the bills were not being taken care of, nor that it had reached this point. I am no longer with the man and am currently unemployed, but awaiting a decision on whether I got one of two jobs I have had interviews for. Therefore I will be in a position to make regular payments in the near future, but do not have a bean to my name right now.

I will attend court as it is an actual enquiry into my means etc, ut the form they said was included was in fact, not, and I ony have my bank statements and other debt collection letters as any kind of real evidence to prove my finances for the period in question.

I am terrified of being sent to prison, but am trying to reassure myself that there might be something I can do to avoid this?

I have tried on severa occasions to contact the counci via phone and then email to provide a paper trail, but as yet have received no enmail reply, been cut off twice by mistake, and run out of credit twice.

Is it worth me emailing again, and then maybe trying to go down there in person, or wil they just say I need to attend the court hearing?

Also, will I be "in the dock" at this stage, or can I still deal with a council official/clerk on the day? I have no means to afford a solicitor, so am hoping there is a duty solicitor. I am going to the court tomorrow to make enquiries and will visit the council to at least try. Hopefully they will log my visit so I have some kind of proof that I am trying to amend this situation, and admit full responsibility for the devt and charges incurred.

Note to all - never allow a partner to contol the finances - joint bank accounts all the way.. ! (sorry, still somewhat bitter about the whole thing!)

Finallly, can anyone recommend a good company/contact to debt consolidation services? Id like to try and combine the outstanding debts for water and BT with council tax (if possible) and try to deal with one fixed amount each month?

Thank you for you time, any advice VERY gratefully received.

All the best,

Sarah xx

CIS

I am terrified of being sent to prison, but am trying to reassure myself that there might be something I can do to avoid this?

Very few people are sent to prison - usually those who are the ones who right to the very end refuse to make any payment arrangement.

Also, will I be "in the dock" at this stage, or can I still deal with a council official/clerk on the day?

There's no harm in asking although you may find that any arrangement is made under the order of the court in agreement with yourself and the council.

Finallly, can anyone recommend a good company/contact to debt consolidation services? Id like to try and combine the outstanding debts for water and BT with council tax (if possible) and try to deal with one fixed amount each month?

Use one of the charity's that gives this assistance for free/low price - most of the commercial ones are around £35.00 p/m in fees - and then they offer the council a couple of pounds per month ( I see this quite regular)