Council tax.

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ScarlettTiger
ScarlettTiger Posts: 54 Forumite
in Benefits & tax credits
I was on council tax benefit, and paying £35 a month. As I’m self employed I have to send my council my earnings every year, and they stated I earned too much and I would now have to pay full CT. I contacted my council tax department, and explained I couldn’t afford the new monthly payments of £143 to be paid within 5 months. So he told me he would cancel the direct debit, I should pay what I could afford, and then go from there. So I carried on paying the £35, and I’ve been saving up the money to pay off a bulk amount.
But on Saturday I received a court summons, even though the final payment isn’t even due til 1st February. So I’ve now incurred court charges on top.
I heard nothing from council tax since my first telephone call with them. Should they not have warned me or given me a chance to pay it, before taking me to court?
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  • CIS
    CIS Posts: 12,260 Forumite
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    Providing that at least one reminder/final notice has been issued by the council and it wasn't complied with then no other notification is required prior to issuing the court summons. They don't have to wait until after the final payment would be due as the right to pay by installments has been lost before the summons is issued.

    Unless you could show the process had not been complied with as required in legislation then there's not a lot you can do to dispute the liability order etc other than asking the council nicely.

    You could look in to a section 13A(1)(c) discretionary relief application.
    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.
  • ScarlettTiger
    ScarlettTiger Posts: 54 Forumite
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    I’ve had no final warning, or reminder.
    If I can’t attend the court date, as I’m working, what happens then?
  • CIS
    CIS Posts: 12,260 Forumite
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    ScarlettTiger wrote: »
    I’ve had no final warning, or reminder.
    If I can’t attend the court date, as I’m working, what happens then?

    You don't have to have received them providing they can show they were issued. It's very unlikely the notice wasn't issued but you can ask the council for details.

    There is no requirement to attend the hearing, it will be dealt with in your absence. You have no dispute with the court against the issuing of the order unless you can show the application process is flawed, the court have no powers to consider ability to pay etc as it's not relevant in legislation to the issuing of the liability order.
    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.
  • poppy12345
    poppy12345 Posts: 18,035 Forumite
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    ScarlettTiger wrote: »
    I was on council tax benefit, and paying £35 a month. As I’m self employed I have to send my council my earnings every year, and they stated I earned too much and I would now have to pay full CT. I contacted my council tax department, and explained I couldn’t afford the new monthly payments of £143 to be paid within 5 months. So he told me he would cancel the direct debit, I should pay what I could afford, and then go from there. So I carried on paying the £35, and I’ve been saving up the money to pay off a bulk amount.
    But on Saturday I received a court summons, even though the final payment isn’t even due til 1st February. So I’ve now incurred court charges on top.
    I heard nothing from council tax since my first telephone call with them. Should they not have warned me or given me a chance to pay it, before taking me to court?
    That £35 wouldn't cover a months DD. You knew you had been overpaid and would need to pay it back. You were adviced to "pay what you could afford" yet chose to pay the same as when you were claiming CTR. Instead of saving to pay it off in "bulk" why not pay it when you had the money? This way at least you were paying something.

    Makes no difference if you don't appear, it will go ahead without you. You'll then recieve a letter in the post.
  • ScarlettTiger
    ScarlettTiger Posts: 54 Forumite
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    Can I go to council now and arrange an agreement, or does it have to wait until after the summons.
    If I make an arrangement now, does the summons get stopped?
  • ScarlettTiger
    ScarlettTiger Posts: 54 Forumite
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    poppy12345 wrote: »
    That £35 wouldn't cover a months DD. You knew you had been overpaid and would need to pay it back. You were adviced to "pay what you could afford" yet chose to pay the same as when you were claiming CTR. Instead of saving to pay it off in "bulk" why not pay it when you had the money? This way at least you were paying something.

    Makes no difference if you don't appear, it will go ahead without you. You'll then recieve a letter in the post.

    I’m asking for help, not judgement. Thank you!
  • poppy12345
    poppy12345 Posts: 18,035 Forumite
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    ScarlettTiger wrote: »
    Can I go to council now and arrange an agreement, or does it have to wait until after the summons.
    If I make an arrangement now, does the summons get stopped?
    No, you won't be able to do this. It's with the courts now and any payment arrangement will have to be made through them after the hearing.

    I wasn't judging you! Just making a staement. There's absolutely no point in saving to pay a bill off when you can easily pay the money straight to them. When it comes to council tax councils won't wait for someone to save the money before paying.
  • ScarlettTiger
    ScarlettTiger Posts: 54 Forumite
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    poppy12345 wrote: »
    No, you won't be able to do this. It's with the courts now and any payment arrangement will have to be made through them after the hearing.

    I wasn't judging you! Just making a staement. There's absolutely no point in saving to pay a bill off when you can easily pay the money straight to them. When it comes to council tax councils won't wait for someone to save the money before paying.

    So there’s not a lot I can do now, until after the court date and any subsequent correspondence from them?
    If I did go to court, would the outcome be any different?
  • poppy12345
    poppy12345 Posts: 18,035 Forumite
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    ScarlettTiger wrote: »
    So there’s not a lot I can do now, until after the court date and any subsequent correspondence from them?
    If I did go to court, would the outcome be any different?
    Not now there's a court date. Most likely no difference.
  • CIS
    CIS Posts: 12,260 Forumite
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    poppy12345 wrote: »
    No, you won't be able to do this. It's with the courts now and any payment arrangement will have to be made through them after the hearing.

    I wasn't judging you! Just making a staement. There's absolutely no point in saving to pay a bill off when you can easily pay the money straight to them. When it comes to council tax councils won't wait for someone to save the money before paying.

    The court have no say in the payment arrangement, it's purely made with the council.
    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.
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