Council Tax - Court Summons

CIS

It was due on the 1st, so it was 2 days late, can I argue that it was paid but into the wrong account, which they have now moved it over too.

So, it would have been late even if paid on to the correct account by a couple of days ?. This is enough to trigger a reminder although some authorities give a week or so before they run reminders after the payment due date.

So what will happen regarding the court action and what do you mean by Liability Order to ensure that they can secure the debt against any default. At present I am currently not working, I was before, but I am worried that they are going to send the bailiffs round. I have nothing of value, that could be sold.

Is it correct that I do not have to attend the court and what happens in my absence?

The Liability Order is what will be issued by the magistarte at the Court Date. The Liability Order give the council a list of powers they can use to recover the council tax due , if required.

There is no need to attend court as the magistrate has to grant the order unless you have a valid defence which under the circumstances you have given you dont.

But they have to get the courts to reset up the payment plan, it just seems so that daft that they have to follow the procedure and take it too court to get the payment plan rest up. When the Lady said that I have not missed any payments on the account.

The court have no say in the payment arrangements , its not within their powers (only if you are (much) later put in front of a magistrate for committal to prison cant instruct on payments). What the council are trying to say is that they wont agree another arrangement until they have the Liability Order and they have the legal powers to force payment if required at that stage.

BenTheBoy

I have today (August 21st 2010) received a "summons for non payment of council tax" issued on August 12th, for me to appear on September 16th.

I normally pay my Council Tax bill in four quarterly instalments, because I find those amounts manageable. I have paid the first instalment for this financial year, which took me to 30th June when the next payment was due. I'm afraid I completely forgot to pay the next instalment. I just clean forgot. If you're on a quarterly plan there is nothing to remind you when the next payment is due, so there has been the odd very rare occasion in the past where I forgot. But on those occasions I was sent a reminder shortly after the due date and paid immediately I was reminded. This time there has been no reminder. So the bill is now 7 weeks overdue. But it's worse than that because the summons says I have to pay the bill for the whole rest of the financial year before the court date (£840), as well as £125 "cost of summons".

Why am I being treated so severely simply for forgetting something? I will ring them on Monday, but surely I should have received a reminder. I don't know if they will claim that they sent one, but I certainly have not received one. And surely £125 summons cost is extortionate. Is there anything I can do about this?

CIS

Did you arrange with the council to pay quarterly ?, Ive been in the job nearly 4 years now and Ive never seen one arrangement that has quarterly instalments. Most councils wont allow them as they need the monthly income to budget correctly.

If you're on a quarterly plan there is nothing to remind you when the next payment is due, so there has been the odd very rare occasion in the past where I forgot.

No one gets anything to remind them of the payments , other than the initial bill. The only way you get a reminder is if you dont pay as billed and you are given a warning prior to any legal action.

But on those occasions I was sent a reminder shortly after the due date and paid immediately I was reminded.

The maximum number of reminders you will get is two. If you dont make up the payments as shown on the reminders then a Court Summons will be issued. If you miss a third payment then a Final Notice will be issued which requires full payment within 7 days.

Some councils no longer issue Final Notices so that the third late payment will result in a Court Summons being issued without futher notice.

From what you've said it looks like you dont have agreed quarterly instalments and therefore the council have acted correctly in the issuing of the court summons.

BenTheBoy

Thanks for trying to advise, CIS, I appreciate any help.

I do actually have a quarterly plan and have paid in this way for a number of years. I'm looking at it right now. It says "CASH PAYMENTS QUARTERLY" , then it says "FIRST INSTALMENT DUE ON 01-APR-2010 1 X £280.00, 3 OTHER INSTALMENTS DUE ON 01-JUL-2010 TO 01-JAN 2011 3 X £280.20". Then there are 4 council tax bank giro credit slips, each with the due date on them, each 3 months apart. I received the package just before the start of the financial year (the same package I receive every year). The package also includes a booklet of monthly payment slips if you choose that option, but I have always chosen the quarterly option.

I assure you, this payment method is on offer from my council, as I assure you in previous years there was just the odd couple of times over the years I forgot the payment and about 2 weeks or so after the due date I was sent a reminder. What has caught me unawares is the sudden change in approach. Why wait almost 2 months past the due date and then summons me? I imagine it would be part of Council protocols to remind bill payers if they have an overdue bill, rather than wait so long and then summons them to a court hearing without warning. Or am I being naive?

WhiteHorse

The council has probably acted correctly, although you could file an FOI request asking for details of their council tax procedures. If they have not acted in accordance with them, then you may at least be able to suggest that they have acted unreasonably.

CIS

I do actually have a quarterly plan and have paid in this way for a number of years. I'm looking at it right now. It says "CASH PAYMENTS QUARTERLY" , then it says "FIRST INSTALMENT DUE ON 01-APR-2010 1 X £280.00, 3 OTHER INSTALMENTS DUE ON 01-JUL-2010 TO 01-JAN 2011 3 X £280.20".

What dates did you make the payments to the council as it makes a big difference and what dates did you receive and pay the reminders ?

CIS

I imagine it would be part of Council protocols to remind bill payers if they have an overdue bill, rather than wait so long and then summons them to a court hearing without warning. Or am I being naive?

it sounds like they have followed legisaltion , if the payment is late then a reminder is issued (usually around a week after the due date to let any payments in the system clear) and gives 7 days to make the payment up. If the payment was not made be end of that 7 day period then you have lost the right to instalments and the summons can be issued. The reminder is the warning and the summons the notificatin of legal action.

The local authority I work for is a big authority and tends to issue summons on a monthly basis but occasionaly bi-monthly instead. A small authority may issue them less often however there's nothing in legisaltion that says the summons has to be issued within a certain timescale of the right to instalments being lost.

CIS

The council has probably acted correctly, although you could file an FOI request asking for details of their council tax procedures. If they have not acted in accordance with them, then you may at least be able to suggest that they have acted unreasonably.

As long as they have acted in line with the Council Tax (administration and enforcement) regulations 1992 then they have acted reasonably in the eyes of the court.

BenTheBoy

[QUOTEWhat dates did you make the payments to the council as it makes a big difference and what dates did you receive and pay the reminders ?][/QUOTE]

Thanks CIS. I made my first quarterly payment of this financial year through phone banking on 29/3/10 for the payment due on 1/4/10. The 2nd payment was due on 1/7/10 and that is the one I forgot. I received the summons today 21/8/10 without warning.

I've paid quarterly for about 8 years. Over those years I forgot only a couple of times and received a reminder 2-3 weeks later and paid immediately I received the reminder. I have received no reminders this financial year, just the summons.

CIS

Previous years will not affect the recovery action taken on this year.

The council will almost certainly have issued a reminder (its not something they forget to do) and will have proof of postage - as far as service is concerned, proof of postage is proof of receipt.