Council Tax - Court Summons

km85

Thanks for the advice. Ive emailed them so hopefully it will get sorted. Ive said that i can pay a bit more as i am now working full time. They have added 70 pounds court costs as well. Im not too happy about that seeing that i came to thiis payment arrangement with them months ago and i have kept up to date with it.

I think I'll write a letter as well. It's just added a huge amount of stress.

Thanks again for your reply.

CIS

They have added 70 pounds court costs as well

This is standard in any case where the amount cannot be cleared by the year end. The council will obtain the Court Summons in order that the Liability Order can be granted and allow them to secure the arrears against any default by yourself. Even if an arrangement is agreed at the reminder stage it may not be made to prevent the Summons being issued but rather to ensure that something is being paid in the meantime.

elmer

We have people that do this too, however the costs are not removed and remain as arrears and then will be collected by other means, a wages arrestment, or in a couple of recent cases from the estate of one person, and a charge on the home of another when they sold.

I would think it would be easier just to pay and not have the costs added every year.

Elmer

tarninpompey

Hi there, I received a summons from Council Tax in November. Date of Summons is today. I am up to date with my council tax but have paid late on a few occasions. I have tried to contact them via email and got no response and when I phoned them they said they issued the summons to teach me a lesson as I allways pay late. I am not in debt with them at all and have never been. The summons still need to be paid, can I refuse to pay them as I am up to date and dont actually owe anything?

Kind Regards

lincroft1710

tarninpompey wrote: »

Hi there, I received a summons from Council Tax in November. Date of Summons is today. I am up to date with my council tax but have paid late on a few occasions. I have tried to contact them via email and got no response and when I phoned them they said they issued the summons to teach me a lesson as I allways pay late. I am not in debt with them at all and have never been. The summons still need to be paid, can I refuse to pay them as I am up to date and dont actually owe anything?

Kind Regards

Payment of CT by monthly instalments is not a right, it is a privilege which can be withdrawn at any time if it is abused and consistent or frequent late payment would be seen as abuse. The court will probably issue an order that any outstanding CT debt for rest of financial year be made in one payment, and if not so paid, enforcement procedures will follow i.e. bailiffs.

CIS

Once you lose the right to instalments then the full balance for the year becomes due in full - irrespective of whether you have paid up to date with the instalments that previously had been available. The only way you would be up to date would be to pay the balance in full.

If you refuse to pay at the summons stage and the liability order is granted then the ball is in the councils court. At that stage they dont have to accept a payment arrnagement with you and , providing you are issued with a 14 day notice of bailiff action, then they can instruct a bailiff.

Once the Liability Order is granted then some councils will give arrangements (as they have the legal powers to enforce payment) whereas others will go straight for bailiff action (after 14 days notice).

John_Pierpoint

CIS wrote: »

Once the Liability Order is granted then some councils will give arrangements (as they have the legal powers to enforce payment) .

Could this be re-written as: Once the Liability Order is granted, some councils would still give [instalment] arrangements (but they would then have the legal powers to enforce full payment at any time)

I am struggling a bit to understand the exact situation.

CIS

You could word it like that if you wish.

john_123_2

Hi, I've received a letter from my local council asking for 3 missed payments (including January 2011).
The total comes to £216. The letter says they will issue a court summons on the 21st but I cannot pay until the 25th as its when I get paid.
I cant contact anyone at the council tonight and want to make sure this doesn't go any further unnecessarily as I will pay the whole bill on the 25th.
Can anyone offer any advice whether or not they will allow me settle the debt on the 25th and drop the summons etc or take me to court. If so what happens next with magistrates court and not being able to pay council tax by installments anymore?

Any advice greatly appreciated,
John

CIS

If the court summons is on the 21st then Liability Order hearing wont be until after the 28th.

Providing you pay the council tax in full and any court costs incurred before the court hearing then no further action will be take however if the full council tax + any costs is not paid then the liability order will be granted (usually incurs extra costs but depends on the council).