Council Tax - Court Summons

CIS

I go to court on the 10th March - technically - not owning the property is not a defence you can use believe it or not.

Not owning it isn't a a defence but not being the person liable for the council tax is. Regulation 34 of the council tax (administration and enforcement) regs 1992 would be your best defence when coupled with Section 6 of the LGFA 1992.

34. (1) If an amount which has fallen due under regulation 23(3) or (4) is wholly or partly unpaid, or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was issued, the billing authority may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable.

The_Grinch_3

Thank you CIS. Thinking about it, it is obviously why not owning the property is not a defence, but only when reading your information did the reason sink in. Thanks for the information you have given here - i really appreciate it.

hallowitch

The Grinch


Good luck for tomorrow I hope all goes well for you


I hope you update this with the results as it will help others who find themselves in a similar situation

The_Grinch_3

Just an update. The Council Court officer called me on the Friday before the court case. He informed they have set back the case until 12th May. He himself had read my defence and looked at the evidence and decided the council were in no position to ask for a liability order, since there is no evidence I am the liable person. However - he then went on to say they would need to investigate further, because although no evidence exist that I am the liable person - (because there isn't any and I am not) it appears they are still not prepared to drop the case just yet and want to investigate further. Total madness !

hallowitch

The_Grinch wrote: »

Just an update. The Council Court officer called me on the Friday before the court case. He informed they have set back the case until 12th May. He himself had read my defence and looked at the evidence and decided the council were in no position to ask for a liability order, since there is no evidence I am the liable person. However - he then went on to say they would need to investigate further, because although no evidence exist that I am the liable person - (because there isn't any and I am not) it appears they are still not prepared to drop the case just yet and want to investigate further. Total madness !

Thanks for the update total madness your right there

HM8

Hi all

How does the liability for summons costs work if you've never received the original council tax bill or any reminders up to the point of receiving a summons?

Is the council likely to waive this cost when you are no longer in arrears and/or paid in full?

I don't know to prove no bills were received. However receiving a summons ahead of anything else seems out of order!

Thanks in advance for any replies.

00ec25

HM8 wrote: »

I don't know to prove no bills were received. However receiving a summons ahead of anything else seems out of order!

if you read previous replies you will see the council does not have to prove you received it nor for that matter do you have to prove you didn't

the council's duty stops at the point they mail a letter to your last known address, whether it arrives is not their problem, otherwise everyone would refuse to pay on the basis they "never" received their bill

any fee waiver would be as a gesture of goodwill and there are many posts on here where the poster ends up paying the "court" fees even if they are clear of debt because at the end of the day the the fee covers (in part!) the extra admin costs incurred by the council in chasing you so it is only fair on others who pay their tax on time that you be hit with the bill

stefkirl

Hi,

Today, I've received a summons.

Background... I get paid on the 6th of the month, I have over the years called the council and asked to setup a direct debit for the 6th (i.e. pay day). They have refused and said the payment due date is the 1st of the month.

Each month (for years now), I make a manual electronic payment on or after the 6th of the month.

In this case (last month) I got the amount slightly wrong and was £20 in arrears. I did receive a notification letter from them, but thought I;ll just add the £20 owed onto the amount next month.

I made the payment on Monday (yesterday), so no outstanding balance on the account. The summons was also dated yesterday.

The Council has caused this problem by being really inflexible and not accepting my direct debit payment on the 6th of the month.

I'm a little stressed by this all to be honest. Just wanted a view point on what I should do ? any advise ? Where do I stand with it ? I cannot afford to pay the full amount due, but have no problem paying the monthly dues.

Thanks.

Blackbeard_of_Perranporth

stefkirl wrote: »

Hi,

Today, I've received a summons.

Background... I get paid on the 6th of the month, I have over the years called the council and asked to setup a direct debit for the 6th (i.e. pay day). They have refused and said the payment due date is the 1st of the month.

Each month (for years now), I make a manual electronic payment on or after the 6th of the month.

In this case (last month) I got the amount slightly wrong and was £20 in arrears. I did receive a notification letter from them, but thought I;ll just add the £20 owed onto the amount next month.

I made the payment on Monday (yesterday), so no outstanding balance on the account. The summons was also dated yesterday.

The Council has caused this problem by being really inflexible and not accepting my direct debit payment on the 6th of the month.

I'm a little stressed by this all to be honest. Just wanted a view point on what I should do ? any advise ? Where do I stand with it ? I cannot afford to pay the full amount due, but have no problem paying the monthly dues.

Thanks.

We a number of days the lazy public servants can grab their money. Ours goes out on 19th of every month. Our choices are 1st, 9th, 19th and 25th.

When we are short, I cancel DD day before due, then pay by debit card on 2nd following month. This makes the lazy public servant work, instead of taking days off sick and painting their nails.

Also, check these robbers have got your details and benefits correct as well.


Good luck and take the lazy public servants on.

CIS

The Council has caused this problem by being really inflexible and not accepting my direct debit payment on the 6th of the month.

Legally they have no requirement to allow any other day than the 1st of the month.

I made the payment on Monday (yesterday), so no outstanding balance on the account. The summons was also dated yesterday.

When the reminder notice was issued you are given 7 days to pay the amount after which the full balance becomes due. The council can then proceed with a summons after a further 7 days. As you hadn't brought the account up to date within 7 days or cleared the full balance within a further 7 days the council are legally allowed to issue the summons.