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Council tax summons which include costs
Comments
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the point was not raised in Nicolson0
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So , we've gone from whether 'costs' can be added to whether 'costs' are reasonable - that's a whole different issue.
Until the High Court look at the ongoing cases regarding what can be claimed as costs then the situation remains as is. Nicholson was a partial movement towards costs being looked at in more detail but it goes no further - the effective outcome of it was that costs should at least be able to be backed up with some figures for consideration by the courts, the reasonability of the costs was outside of the decision.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
the summons issue is £3
but you work in ct so you know this lol0 -
I know fine well how much an application costs, I also know how much chasing late and missed payments costs.
As it stands now councils can recover these costs as part of the process. If the court make a decision that is no longer the case then so be it, but for now councils will continue under the current interpretation,I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
case is in the hc very soon.
what makes you think you can ask a mags court to issue a summons for unpaid costs?
quote me the reg. please
do you know what abuse of process means?0 -
The costs claimed by the council, as it stands at the moment, become part of the balance requested with the summons (as already pointed out).
The liability order, also reg 34, is applied for showing the balance shown on the summons (or part of, if partially paid) i.e. 'the sum payable' and:
Nothing states that the 'sum payable' can only be part of the original council tax balance, any of the two parts which make up the 'sum payable' can remain due and recoverable under the liability order.(7) An order made pursuant to paragraph (6) shall be made in respect of an amount equal to the aggregate of—
(a)the sum payable, and
(b)a sum of an amount equal to the costs reasonably incurred by the applicant in obtaining the order.
Until such time as the courts rule otherwise then there is no 'abuse'.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
(2) The application is to be instituted by making complaint to a justice of the peace, and
requesting the issue of a summons directed to that person to appear before the court to
show why he has not paid the sum which is outstanding.
(5) If, after a summons has been issued in accordance with paragraph (2) but before the
application is heard, there is paid or tendered to the authority an amount equal to the
aggregate of-
(a) the sum specified in the summons as the sum outstanding or so much of it as
remains outstanding (as the case may be); and
(b) a sum of an amount equal to the costs reasonably incurred by the authority in
connection with the application up to the time of the payment or tender,0 -
You quote section (2) but ignore section (5) which outlines what the 'sum outstanding' is - council tax & costs .(2) The application is to be instituted by making complaint to a justice of the peace, and
requesting the issue of a summons directed to that person to appear before the court to
show why he has not paid the sum which is outstanding.
Sections cannot be picked out at random without looking at the rest of the regulation, at the least.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
(2) The application is to be instituted by making complaint to a justice of the peace, and
requesting the issue of a summons directed to that person to appear before the court to
show why he has not paid the sum which is outstanding.
is to be is mandatory, not directory.
(5) If, after a summons has been issued in accordance with paragraph (2) but before the
application is heard, there is paid or tendered to the authority an amount equal to the
aggregate of-
(a) the sum specified in the summons as the sum outstanding or so much of it as
remains outstanding (as the case may be); and
(b) a sum of an amount equal to the costs reasonably incurred by the authority in
connection with the application up to the time of the payment or tender,0 -
Ed, can I ask why it is that you feel so strongly about this that you'll carry on attempting to push your interpretation even in the face of strong contrary opinions from people that we know are experts (from their long posting histories)? It's not really a subject that most people would give more than a passing thought to, if that.0
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