Council Tax Summons

Cheybies

We had a letter the other day to remind us that we still owed council tax. So I sent the council an email saying we was experiencing financial difficulties and could they possibly spread the arrears of £322 with the new council tax for this year.

They sent a reply back saying they can not do that. And they HAVE to issue a summons before making any arrangements to pay the debt off over a 3 month period.

Can they do this? i think it is all wrong, as we are trying to sort it out now without adding unnecessary costs on top of £60. And £60 for a summons sounds an awful lot to me.

Am I the only one who thinks this?

JCR

No you're not the only one that thinks this, I have just posted on another thread about this very same thing. We were late with one month's Council tax £140 and we have been issued with a summons to bay £175, £140 plus £35 for the court summons. We have paid the £140 but are trying to sort something out with regards the £35. We will of course be forced to pay this otherwise we will get CCJ's and anything else that they can throw at us.

I know we were in the wrong not paying exactly on time, but as you say we were having financial and personal difficulties around the end of last year, beginning of this year and this is why the month's tax got overlooked. There is no leeway with these council's they just say "oh you're in the system now" and just add to your woes.

Sorry this ended up being a bit of a rant, the bottom line is yes I totally agree with you and think that they could give some leeway as you are obviously trying to pay it off.

utterbar

My understanding is that they can do this though not sure if the requirement to issue proceedings before entering into negotiations is just local policy. At least part of the £60 will be the issue fee charged by the court to issue proceedings so that amount is out of the council's hands.

CIS

They sent a reply back saying they can not do that. And they HAVE to issue a summons before making any arrangements to pay the debt off over a 3 month period.

There's nothing in law stating that but once the account has been summonsed the council do not have to make a payment arrangement, it is left to their discretion as to what they will accept.

We will of course be forced to pay this otherwise we will get CCJ's and anything else that they can throw at us.

CCJ's cannot be issued by a Council - the methods of recovery will be a payment arrangement, attachment of earnings / benefit or bailiff . If the account is returned from a bailiff with a balance outstanding then the council can (depending on the amount) go for bankruptcy, issue a charging order or ask for committal to prison,