Council Tax - Court Summons

William_Darblay

lincroft1710 wrote: »

As is your previous post.

As is yours. :beer:

jonbur

Dislike DDMs so don't have them if can be avoided.

Truth be told I thought that you did not pay Jan and Feb, but was wrong and it is Feb and March.

So I owe one month, and on 20th not even a month late you have a court summons, £65 plus the months council tax.

I will pay before hand and still attend the court.

Imagine if every credit card company, mortgage company, energy company, water company, trades-person, etc etc sent a court summons after 20 days. We would need 100 times the number of courts and you would hope the magistrates would say enough is enough. Court is a last resort not a first response.

A £10 admin fee for late payment would be far more acceptable. The banks buckled as the costs were considered 'unlawful'. I consider a summons for being 20 days late in paying unlawful.

This is the courts own policy

Before a claim is issued in the County Court, the company making the claim (called the “claimant”) will need to write a letter to the company which owes the money (the “defendant”) asking for payment and giving details of why it is claimed the money is owed. This is not only a matter of common sense but is required by the Pre-Action Protocol Practice Direction under the Civil Procedure Rules: if a claim is issued in the County Court before the appropriate “pre-action protocol” has been followed then the party responsible for not following the protocol may be penalised by being ordered to pay some of the legal costs of the other party.

I have paid the amount council tax up to date now, but will be appearing so I can get my £65 worth.

CIS

A £10 admin fee for late payment would be far more acceptable. The banks buckled as the costs were considered 'unlawful'. I consider a summons for being 20 days late in paying unlawful.

Providing the council have followed the timelines given the Council Tax (Administration & Enforcement) regulations 1992 (as amended) the court summons is lawful. Bank charges weren't in relation to public funds.

The use of the county court is completely separate from the route laid out for council tax recovery via the magistrates court. The council could use the county court route if they wished but the route via the magistrates court is the default route.

jonbur

The use of the county court is completely separate from the route laid out for council tax recovery via the magistrates court. The council could use the county court route if they wished but the route via the magistrates court is the default route.[/QUOTE]

The result and location is the same ie if you lose and don't pay they can send round bailiffs without applying to county court for a judgement and I imagine it appears as a CCJ on a credit file, so it's the same thing with a different name.

They have made up a law to suit their own requirements which in my opinion is scaremongering the general public.

The fact remains they have made no attempt to communicate with me before issuing a summons.

And to then say that it is a charge that they graciously allow you to pay in arrears etc is illogical as the rest of the world does not work like that any more.

CIS

I imagine it appears as a CCJ ona credit file, so it's the same thing with a different name

You imagine wrong - council tax liability orders etc do not get recorded on your credit records.

They have made up a law to suit their own requirements which in my opinion is scaremongering the general public.

The laws have been in place for over 20 years - the council are required to follow them but they didn't make them.

The fact remains they have made no attempt to communicate with me before issuing a summons.

If you wish to dispute that the notice was not given then take it up withe court bearing in mind that reminders sent earlier in the year are taken in to account in the process.

Buzby

Afraid Councils have always worked this way - the fact this doesn't match your expectations of other creditors is hardly relevant. Neither do HM Revenue work to these expectations, so it pays to flag these special cases with a a bit more respect, as if you don't do it their way, it will cost you.

Not rocket science - nothing's changed, and and lets the other tax payers know that the rules are being upheld.

Amethyst31

I wonder if anyone can help and not judge. I know there are no excuses, it is my own fault. I have received a Summons today for the 28th February. I am in a right muddle and my partner has just lost his job.

The council tax due is £247.50 and summons cost is £100.00.

Now my questions is; at a push I can pay this on Monday 17th when I get paid. Would I pay the total amount and the costs? Would this stop the court action and how would I have confirmation that no further action will be taken, and that they still wouldn't go to court anyway?

I am confused about what a liability order entails, presumably - bailiffs?

Sorry for all the questions, my head is in a spin and the letter doesn't explain very well.

Kind Regards.

CIS

Would I pay the total amount and the costs? Would this stop the court action and how would I have confirmation that no further action will be taken, and that they still wouldn't go to court anyway?

If you pay the full council tax charge and costs before the court hearing then no further action will be taken.

Amethyst31

Thank you for the fast response, you have put my mind somewhat at ease.

I will pay in full on Monday and hopefully they will write and confirm as such.

I have been foolish in letting things slip, whilst other things were going on.

Amethyst31

Well, I am going to ring the council first thing before work and pay the full total including costs.

I am really scared of them being nasty. Should I ask them for confirmation of no further action?

Can they still take me to court if they choose?